Where a testator is not fluent or literate in English, the presumption of due execution arising from an attestation clause (even one specifically adapted for a non-English-speaking testator) will be rebutted by direct evidence that the will was not in fact read to or translated for the testator. An inaccurate attestation clause does not invalidate a will if direct evidence independently establishes due execution and knowledge and approval. A co-executor who fails to apply for a grant, fails to file a defence, fails to execute a formal renunciation despite invitation, and expresses willingness to abide by the court's decision may be treated as having impliedly renounced.
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