where the Will is very complex and there is no evidence that it was explained to the testator and the testator understood the explanation where a testator has omitted a significant beneficiary from the Will without explanation who, objectively viewed, would reasonably have expected to receive a testamentary gift Two of the disinherited nephews decided to challenge the second Will, alleging it had been prepared under suspicious circumstances. These circumstances included: This past Friday night, the first in the Cellar Club showings at 9.05pm was this TV movie, which was extended from a failed TV pilot. Episode Thirteen:"The Silent Witness" and "The Great Romancer", first airing on TPTV on Saturday 19th August, 2023

In McLeod, the plaintiffs were the administrators of their estranged father’s estate. The deceased was an elderly retired farmer who was diagnosed with dementia shortly before he died. In another recent decision of the Court of Appeal in Church v Mason [2013] NSWCA an elderly testator made and executed a Will in circumstances arousing suspicion. Facts included that the beneficiary of the Will was with the testator and telephoned the solicitor when the testator advised him, he wished to make a Will to nominate the beneficiary as both executrix and beneficiary. Further, the beneficiary had prepared a typewritten document which she showed to the testator, in the form of a draft Will with four alternate suggestions. Her evidence was that she read each of the suggestions to the testator and asked him for a response. After he responded ‘ok’ to the second suggestion (by which she received the whole estate), she gave him the document which he then signed. In normal circumstances, knowledge and approval of a Will’s contents are inferred from evidence of testamentary or mental capacity and due execution. However, when there are suspicious circumstances, this presumption does not apply, and the defender of the Will must remove suspicions by proving that the maker did have the knowledge and approval of the Will’s contents.I’m sure The Cellar Club and the films Caroline Munro introduces that are aired on Wednesday’s are repeats of Friday night/Saturday morning broadcasts.

If the propounder of the will can prove that the will was duly executed, a rebuttable presumption arises that the last two requirements have also been met. However, if the Court is of the opinion that circumstances exist in the creation of the Will that give rise to a ‘suspicion’ that the terms of the will do not accord with the testamentary intention of the testator, then the Court will not admit the Will to probate and may invalidate the Will, unless that suspicion is removed and the Court is satisfied the testator ‘knew and approved’ of the contents of the Will.it is not enough to show that a person had the power to overbear someone – you will need to show that they actually exercised that power and that it resulted in the production of a Will that is not what the testator wanted. where the testator did not read English and there is no evidence that the Will was translated into the language spoken by the testator

Suspicious Circumstances are circumstances that cast doubt on whether the Testator had Knowledge and Approval of the contents of the Will. When Joseph Stefano left The Outer Limits at the end of season 1, he made this pilot for a show which would be horror orientated. Apparently, the network execs were so scared on viewing it, they cancelled the series! In suspicious circumstances, the so-called “propounder” or defender of a Will (the person putting forward the Will as being valid) must establish that the maker knew and approved of the contents of the Will to dispel the suspicions raised.At the outset of nearly every challenge to the validity of a will, one party will allege that there were “suspicious circumstances” surrounding the drafting and signing of the will. However, the legal implications of “suspicious circumstances” are frequently misunderstood: they are not grounds to invalidate a will. Rather, a finding that there were “suspicious circumstances” shifts the burden of proof. The misapplication of this doctrine is grounds for an appeal, as was the case in McLeod Estate v Cole et al, 2022 MBCA 73. Episode Fourteen:"Ring of Truth" and "The Golden Goose", first airing on TPTV on Saturday 26th August, 2023

The evidence required to set aside suspicions will depend on the circumstances of each case. The suspicion “may be slight and easily dispelled” but “on the other hand, be so grave that it can hardly be removed.” What do suspicious circumstances mean? In the latest batch uploaded to YouTube is confirmation of the start date, with episodes following every Saturday at 3pm. The Court will then examine and determine each allegation of Undue Influence based on consideration of all the circumstances of the matter. Other main cast members include the lovely Diane Baker (although strangely not a great performance as compared to the pilot for The Invaders or the final episode of The Fugitive) and Dame Judith Anderson as the housekeeper (another great performance). In relation to a Will, Undue influence involves the exploitation of the testator via a relationship of influence.Episode Eighteen:"The Monster of Reading" and "The Letter Killeth", first airing on TPTV on Saturday 23rd September, 2023. And now the most important question. Which vehicle was your favourite? Thunderbird 2 for me (something to do with the way the cargo bay opened - don't ask me why!)