Making a will is one of the most important legal steps a person can take. A properly drafted will ensures that assets pass to the right people, that loved ones are provided for, and that unnecessary disputes are avoided. However, not all wills are legally valid. One of the most common grounds for challenging a will in England and Wales is a lack of knowledge and approval.
At Blackstone Solicitors, we regularly advise clients on will disputes and on how to make a will that stands up to scrutiny. This article explains what lack of knowledge and approval means, why it arises, and how it can be avoided.
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What Does Knowledge and Approval Mean in Will Law?
For a will to be valid, the testator, the person making the will, must understand and approve its contents at the time it is executed. This requirement is known as knowledge and approval. It is separate from testamentary capacity, although the two concepts are closely linked.
Knowledge and approval means that the testator understands what the will says, recognises the effect of its main provisions, and genuinely intends the document to operate as their will. It is not enough that the will has been signed and witnessed correctly. The testator must also know what they are signing.
If there is evidence that the testator did not understand the will or did not approve of its contents, the will may be declared invalid by the court.
The Legal Presumption of Knowledge and Approval
In most cases, the law presumes that a testator had knowledge and approval of their will. This presumption arises when the will appears rational on its face and has been properly executed in accordance with legal formalities.
However, this presumption can be challenged. Where there are suspicious circumstances surrounding the preparation or execution of the will, the burden may shift to the person seeking to rely on it. They may need to prove that the testator did in fact know and approve its contents.
Suspicious circumstances do not automatically invalidate a will, but they do invite closer scrutiny.
Common Situations Where Knowledge and Approval Are Questioned
There are several situations in which lack of knowledge and approval is commonly alleged. These often involve vulnerability, complexity, or the involvement of third parties.
Wills Prepared by or Benefiting Another Person
One of the most common red flags arises where the will is prepared by someone who benefits from it, or where a major beneficiary has played a significant role in its creation. This might include drafting instructions, arranging appointments, or being present when the will is signed.
In such cases, the court will want to be satisfied that the testator truly understood the will and was not simply signing a document prepared by someone else for their own benefit.
Elderly or Ill Testators
Age alone does not prevent someone from making a valid will. However, where a testator is elderly, seriously ill, or experiencing cognitive decline, questions may arise about whether they fully understood the will.
This is particularly relevant if the will was made shortly before death or represents a significant departure from previous wills. Medical evidence and solicitor attendance notes often play a crucial role in these cases.
Complex or Unusual Wills
Some wills are straightforward. Others are more complex, involving trusts, multiple beneficiaries, or detailed conditions. The more complicated the document, the greater the need for clear evidence that the testator understood what they were approving.
If a will is unusually complex for the testator’s background or circumstances, the court may question whether its contents were properly explained and understood.
Language and Communication Barriers
Knowledge and approval may also be challenged where the testator did not speak English as their first language or had difficulties with reading, hearing, or communication.
In these cases, it is essential that the contents of the will were accurately explained in a way the testator could understand. Interpreters, translations, or detailed explanations should be clearly documented.
Knowledge and Approval vs Testamentary Capacity
Although closely related, knowledge and approval is not the same as testamentary capacity. Testamentary capacity concerns whether the testator had the mental ability to make a will at all. Knowledge and approval focuses on whether they understood and approved the specific document they signed.
A person may have capacity in principle but still lack knowledge and approval if, for example, they were misled about the contents of the will or did not have it properly explained to them.
Both issues are frequently raised together in will disputes, but each must be considered separately.
How the Court Assesses Knowledge and Approval
When a will is challenged on the basis of lack of knowledge and approval, the court examines all the surrounding circumstances. There is no single decisive factor.
The court may consider:
- How and by whom the will was prepared
- Whether the testator gave clear instructions
- The role of beneficiaries in the process
- The complexity of the will
- The testator’s health and mental state
- Evidence from the solicitor or will writer
- Witness evidence from those present at execution
Solicitor attendance notes, draft versions of the will, and correspondence can be particularly important. A well documented will file often makes the difference between a will being upheld or set aside.
Consequences of a Successful Challenge
If a will is found to be invalid due to lack of knowledge and approval, it will not take effect. The estate will instead be distributed under the terms of an earlier valid will, if one exists. If there is no previous will, the rules of intestacy will apply.
This can lead to outcomes the testator never intended. It can also cause significant distress and conflict among family members, as well as increased legal costs and delays in administering the estate.
How to Avoid Problems with Knowledge and Approval
Many disputes can be avoided with proper planning and professional advice. Taking the right steps when making a will helps ensure that your wishes are respected after your death.
Use a Solicitor
Instructing a solicitor to prepare your will provides a strong safeguard. A solicitor will ensure that the will is drafted clearly, that your instructions are properly recorded, and that you understand the document before signing it.
Professional involvement also creates an independent record, which can be invaluable if the will is later challenged.
Clear Instructions and Explanations
It is important that instructions are given directly by the testator and that the will is explained in plain language. This is especially important where the will is complex or departs from what might be expected.
Taking time to go through the will clause by clause can prevent misunderstandings and disputes.
Extra Care for Vulnerable Testators
Where a testator is elderly, unwell, or otherwise vulnerable, additional precautions may be appropriate. This might include obtaining medical confirmation of understanding or ensuring that meetings take place without beneficiaries present.
These steps are not about excluding family members, but about protecting the integrity of the will.
Proper Execution and Records
Ensuring that the will is signed correctly and witnessed by independent witnesses is essential. Equally important is keeping detailed records of the process.
Good attendance notes can demonstrate that the testator knew and approved the will, even years later.
How Blackstone Solicitors Can Help
Blackstone Solicitors provides expert advice on will drafting, estate planning, and contentious probate matters across England and Wales. We understand how emotionally charged will disputes can be and the importance of getting things right from the outset.
Whether you are concerned about the validity of a will, defending a challenge, or looking to make a will that reflects your wishes clearly and securely, our experienced solicitors are here to help.
Final Thoughts
Lack of knowledge and approval is a serious issue that can undermine even a formally valid will. Understanding the risks and taking appropriate precautions can protect your estate and your loved ones from unnecessary conflict.
With careful planning and professional advice, you can ensure that your will truly reflects your intentions and stands the test of time.
At Blackstone Solicitors, we are here to guide you through every stage of the Wills and Probate process with clarity, efficiency, and compassion. Whether you are applying for probate for the first time or dealing with a complex estate, our experienced team is ready to help.
To read more about our services, please visit:
https://blackstonesolicitorsltd.co.uk/services-for-you/probate/
How to Contact Our Wills and Probate Solicitors
It is important for you to be well informed about the issues and possible implications of Wills and Probate. However, expert legal support is crucial in terms of ensuring your wishes are met as you would want them to be.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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