The words 'in good faith' in s 40D(2) of the Wills, Probate and Administration Act 1898 mean acting with an honest mind and honest purpose, and do not import an element of constructive fraud based on notice; however, the onus of establishing good faith lies on the executor, and in the absence of evidence as to the executor's state of mind, the defence will not be made out. Section 92 of the Act does not protect an executor against claims challenging the validity of the will of which probate was granted. A solicitor who prepares a will where the solicitor's established client is the sole beneficiary has a conflict between duty and duty, and the circumstances of the will's preparation constitute suspicious circumstances requiring the propounder to prove affirmatively that the testator knew and approved of the contents.
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