As we are aware that a Will, has to be executed in the manner required by Section 63 of the Indian Succession Act. Section 68 of the Evidence Act requires the will to be proved by examining at least one attesting witness. However Section 71 of the Evidence Act is one of the exception to the stringent rule of proof of an attested document in section 68. The fate of an attested document is not necessarily at the mercy of attesting witnesses.

Section 71 of the Indian Evidence Act lays down the mode of proof when attesting witness denies execution, forgets, refuses to prove or is hostile, other evidence is admissible to prove the Will.

It must however be remembered that Section 71 has no application when one attesting witness who has alone been examined, has failed to prove execution of Will and other though available has not been examined. Section 71 comes into play only when all the attesting witnesses alive have been called or every attempt made to enforce their attendance and they deny or do not recollect execution.