The standard of proof for establishing testamentary capacity and knowledge and approval of a will's contents is the ordinary civil standard of the balance of probabilities, even where the will was drafted by a solicitor who is a substantial beneficiary. Suspicious circumstances require vigilant and careful scrutiny of the evidence but do not alter the standard of proof or impose a heightened burden akin to Briginshaw. The requirement of 'knowledge and approval' is synonymous with the will representing the testator's intentions. While Queensland has no specific regulatory rule prohibiting a solicitor from drafting a will under which the solicitor is a beneficiary, the generally accepted professional standard is that the solicitor should decline to act and refer the client for independent advice.
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