In the case of Thomas Tata Atanley Kofigah v Kofigah Francis Atanley, Civil Appeal No. J4/05/2019 dated 22nd January, 2020, (unreported), the Supreme Court guided where the validity of a Will is challenged, especially on grounds of forgery as follows:
“The settled position is that, in such a case, the proponents of the Will had the burden to satisfy the Court that, the document presented as the Will and Testament of the deceased, was freely made by her and was duly attested to, by two Witnesses, who were present at the same time. The proponents are further to satisfy the Court that, the testator at the time she executed the Will was corpus mentis not suffering from any impairment of mind. Once the proponents of the Will, discharge this burden on them, then the
burden of proof shifts to the party alleging that, the document is a forgery or does not meet the requirements of the Wills Act, to proof those allegations.”