There are a number of classic features common to probate claims where the validity of a will is challenged. A testator typically executes a new will in favour of one or more family members (often to the exclusion of others). The new will represents a significant departure from the terms of previous wills, which had divided the estate equally between the testator’s children or nearest relatives. The terms of the will are, therefore, surprising or suspicious, at least to the parties who wish to challenge its validity.
