Forged Will Challenge and Evidence Admissibility Dispute
1d. Mr. Som is the sole heir of Mr. Sin and Mr. Sin died leaving a will whereby Mr. Sin granted the aforementioned plot of land to Mr. Suepsang. During the proceedings, evidence was presented citing a copy of the will, which was located at the Land Office of Nonthaburi Province, and served as primary evidence. The court ordered the issuance of a summons to obtain a certified copy of the aforementioned will from the Land Office Registrar, Level 5, who certified its authenticity and presented it to the court. The will was declared a forged document because the deceased had never executed a will for Mr. Suepsang, nor had he presented the will to the court. Evidence of witnesses was presented regarding the alleged heir’s creation of a will, as follows: the court would consider the original will or a certified copy or witness testimony presented by Mr. Suepsang. Due to the reason , the court did not consider the original will because the will was presented as evidence in the register of witnesses referencing the citation of the copy of the will in the register . And Case Law No. 2581/2515. Mr. Sin also objected, asserting that the heir did not create a will, namely, there was no original will, and a certified copy was therefore inadmissible. According to the Civil Procedure Code, evidence presented by a witness must be the original document only, and Section 93 states that a certified copy can only be received if the parties have agreed to its accuracy. The will was located with Mr. Suepsang and was not lost, destroyed, or otherwise unavailable, and it was not a case where the original document was in the possession or control of the government, which would allow for the acceptance of a certified copy of the document transcribed from the original. The court did not consider witness testimony because the dispute concerned the will, which requires primary evidence. It was not permissible to introduce witness testimony when the original document was lost, destroyed, or unavailable for the aforementioned reason. However, in this case, the original document was not lost.
Bankruptcy Law, Insolvency Code, with the establishment of District Courts and criminal proceedings in the Court. The Law on Prosecutors has been amended to request the court to issue a rehabilitation order for the debtor.