How will a court act if there is a fault in the will ?
If the major elements of the will are met, and the court has no doubt that it is genuine and reflects the true and free wishes of the testator, then it will enforce it, despite faults in its form, or formal /technical faults.
What is the basis of the test whereby a court can enforce a will despite faults ?
That the court is satisfied that the will reflects the true and free wishes of the testator.
Who bears the burden of proof re an application for probate where there is a fault in the will ?
The person applying for probate. He/she must persuade the court that the will represented the true and free wishes of the testator , that the latter had reached a final decision about bequeathing his/her property , and was of sound mind when he/she made it.
What degree of certainty is required to persuade a court exercising discretion about whether to enforce a faulty will , to do so ?
Certainty equal to that "beyond all reasonable doubt " about the will reflecting the true and free wishes of the testator.
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