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Before a Will is admitted to Probate the court must be satisfied that the testator knew and approved of its contents at the time that they executed the Will. Assuming the requisite Testamentary capacity and Due execution, there is a prima facie inference that the testator knew and approved its contents.

However, the court can request further affirmative evidence. This may be required where:

1. •

   the testator suffers from a serious infirmity such as blindness or deafness, or is illiterate

2. •

   there is a mistake or inadvertence in the drafting of the Will

3. •

   the circumstances surrounding the drafting and/or execution of the Will arouse suspicion, eg where the person preparing the Will takes a benefit under it (Butlin v Barry (1837) 1 Curt 614)

The court will no longer assume knowledge and approval merely because the Will was read over to a capable testator or notice of its contents was given in some other way:

'There is no unyielding rule of law (especially where the ingredient of fraud enters into the case) that, when