Section 2(6) of the Wills Act, 1971 (Act 360) which requires a certificate by a competent person for illiterate or blind person who makes a will provides thus:
“Where the testator is blind or illiterate, a competent person shall carefully read over and explain the contents of the will before it is executed, and that competent person shall declare in writing on the will that the will had been read over and its content explained to the testator appeared perfectly to understand the will before the will was executed.” - the Evidence Act, NRCD 323 - In Re Okine (decd’); Dodoo and Another V. Okine and Others [2003-2004] 1 SCGLR 582 the Supreme Court held that the burden of prove with respect to its validity is on the person or the propounder of the will who must prove that the will was freely executed by the testator who was a competent testator at the time the will was made and executed.
