Challenging A Will Due To Lack Of Knowledge And Approval

Knowledge and approval

Even if a will has been properly executed and the testator had capacity, it may still be invalid if they did not know and approve its contents. Knowledge and approval concerns whether the will genuinely reflects the testator’s intentions.

This ground is often raised where the circumstances surrounding the preparation of the will are unusual or raise suspicion.

What is knowledge and approval?

Knowledge and approval requires that the person making the will:

understood the contents of the will
approved those contents as reflecting their wishes

The focus is not simply on whether the will was read, but whether the testator genuinely understood what they were signing.

When do knowledge and approval issues arise?

Concerns often arise where:

the will was prepared by or for a main beneficiary
the testator was vulnerable, ill or dependent
there were significant changes from previous wills
the testator did not speak or read English fluently
the will was complex or professionally unusual

How is knowledge and approval assessed?

The court examines all the circumstances, including:

how instructions were given
who was present during discussions
whether the will was explained properly
solicitor attendance notes and file records
evidence from witnesses and family members

Where suspicious circumstances exist, the burden may shift to the person relying on the will to prove knowledge and approval.

What evidence do I need?

Key evidence includes:

solicitor attendance notes
drafts and correspondence
witness statements
translations or explanations provided
evidence of the testator’s understanding

How Hugh James can help

We regularly advise on complex knowledge and approval challenges. We understand how courts analyse suspicious circumstances and can guide you through gathering and presenting the right evidence.

Roman Kubiak is described by a client as “tremendously capable, he knows what he is doing. He’s a national figure.” Another source adds: “Roman is exceptionally knowledgeable, he is very pragmatic and very solution-oriented.”

Chambers & Partners

A natural and dynamic leader’, the ‘very impressive’ Roman Kubiak heads the firm’s Private Wealth Disputes team and is noted for his ‘deep knowledge of estates and trusts law’.

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Key contact

Roman Kubiak TEP

Partner

Roman Kubiak is a Partner and Head of the market leading Private Wealth Disputes team. He advises across the whole spectrum of private wealth disputes, with a particular focus on high value, complex and cross-border disputes including: trust disputes, breach of trust claims and applications to remove trustees; will disputes, particularly those with an international element; claims under the Inheritance (Provision for Family and Dependants) Act 1975; and claims for equitable relief under proprietary estoppel, constructive trusts and resulting trusts.