Where a beneficiary is instrumental in procuring a will, provides initial instructions to the solicitor, and remains present during execution, and the deceased is elderly with cognitive difficulties, the propounder faces a heavy burden to establish testamentary capacity and knowledge and approval. A solicitor's duty in such circumstances requires more than reading the will aloud and accepting nods of agreement; open, non-leading questions must be asked to ascertain genuine understanding. Persistent demands by a beneficiary that a vulnerable, elderly person change testamentary dispositions may constitute undue influence even absent express threats, where the pressure causes the deceased to succumb for the sake of a quiet life.
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