There is an obligation upon anyone seeking to obtain a Grant of Probate to satisfy the Court that the Will put forward is the last Will of a free and capable testator.
Usually if a testator had capacity and the Will was duly executed, a Court will assume the testator to have known and approved its contents. Where however, knowledge and approval are put in issue by those challenging the Will, the Court must be satisfied on the evidence that the testator did know and approve its contents. There may be an infinite variety of circumstances which may throw doubt on whether or not a testator knew and approved his Will. One such circumstance is if someone writes or prepares a Will under which he takes a benefit. Such circumstances are more likely to arouse the Court’s suspicion that the testator did not know and approve the contents of the Will and that suspicion will have to be removed.