In Brief
Two adult sons' widow and children appealed after the High Court set aside probate of two Wills—one by the mother (1995) and one by the father (1998)—on grounds of suspicious circumstances. The High Court doubted the execution based on alleged discrepancies in testimony, lack of detail about testators' ailments, delay in seeking probate, and exclusion of the daughter. The Supreme Court held that suspicion in probate cases arises only when the testator's signature is disputed or mental capacity questioned. Here, the signature was undisputed, the father attested the mother's Will, the father mentioned the mother's Will in his own, and the Will itself gave detailed reasons for excluding the daughter. The Court restored the probate, holding the High Court had unjustifiably read suspicion into ordinary circumstances.
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