S.D. Codified Laws § 29A-3-406
This is the official text of S.D. Codified Laws § 29A-3-406, part of South Dakota’s Codified Laws — part of the compiled statutory law of South Dakota, published by the state as "Codified Laws." Browse the sections below, each linked to its official government source.
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Formal testacy proceedings--Contested cases--Testimony of attesting witnesses
Official statutory text
(a) If evidence concerning execution of an attested will which is not self - proved is necessary in contested cases, the testimony of at least one of the attesting witnesses, if within the state, competent and able to testify, is required. Due execution of an attested or unattested will may be proved by other evidence.
(b) If the will is self - proved, compliance with signature requirements for execution is conclusively presumed and other requirements of execution are presumed subject to rebuttal without the testimony of any witness upon filing the will and the acknowledgment and affidavits annexed or attached thereto, unless there is proof of fraud or forgery affecting the acknowledgment or affidavit.
Source: SL 1994, ch 232, § 3-406.
(b) If the will is self - proved, compliance with signature requirements for execution is conclusively presumed and other requirements of execution are presumed subject to rebuttal without the testimony of any witness upon filing the will and the acknowledgment and affidavits annexed or attached thereto, unless there is proof of fraud or forgery affecting the acknowledgment or affidavit.
Source: SL 1994, ch 232, § 3-406.
Status: in_force · Read it on the official government site
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