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The court dismissed an application to validate a holograph will due to suspicious circumstances and unproven testamentary capacity.
The applicant sought to validate a purported holograph will that bequeathed the deceased's home and contents to her, effectively disinheriting her other children, contrary to previous wills.
The court found suspicious circumstances, including the complete lack of evidence regarding the will's creation, the significant change from prior wills, and the deceased's declining cognitive function.
The applicant failed to discharge the onus of proving the deceased's testamentary capacity and knowledge and approval of the document.
The application was dismissed.
