The suspicious circumstances rule in probate operates only to displace presumptions of knowledge and approval or testamentary capacity; once the proponent affirmatively establishes knowledge and approval, the rule does not require the proponent also to disprove undue influence. Where executors who are also beneficiaries give false and incomplete evidence as to their financial resources in family provision proceedings, the court should resolve the resulting uncertainty in favour of the applicant rather than proceeding on the basis that the applicant has not proved the respondents have resources beyond those disclosed. Dependency on a parent for accommodation does not necessarily justify provision enabling the dependent to remain in the specific property.
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