Lack of knowledge and approval

When writing a will, it is vital that the person making it knows and approves the terms of the will.

If a will has been properly signed, witnessed and has an attestation clause (the clause which sets out the provisions about when the will was signed, who signed and who witnessed the will), it is presumed that the person writing a will knew and approved the terms. Even if a presumption applies, however, lack of knowledge and approval can be proven if the evidence demonstrates it.

There are circumstances where the presumption does not apply and the person wishing to rely on the will have to show that the will terms were known and approved. Such circumstances include, for example, when a main beneficiary is involved in making the will, when the will is homemade, when the will significantly diverges from earlier wills and when the person making the will has a physical or mental impairment.

Specialist lack of knowledge and approval solicitors

Our team of experts can advise you further on the circumstances that may render a will invalid due to the terms not being known and approved by testator (the person making the will). If the circumstances raise suspicion, it is possible to challenge the will.