Where a solicitor inserts words into a will of their own initiative without instructions, and neither the solicitor nor any other adviser draws the alteration to the testator's attention, the presumption of knowledge and approval arising from due execution may be rebutted on the balance of probabilities. The distinction between a testator not intending to mean what the words say (which cannot be shown in probate) and not intending to use the words used (which can be shown) was applied.
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