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.

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.

Roman Kubiak advances his clients’ cases with great humanity and efficacy.

Chambers & Partners

Roman is exceptional. He has an expansive mind and is very knowledgeable, but is really practical as well when wading through a problem or a dispute.

Chambers & Partners

Roman is very well recognised in this specialist area of work. He fights his client’s case but is also commercially aware and sensible, and a pleasure to deal with.

Chambers & Partners

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’.

The Legal 500

Related services

Contesting a will Private wealth disputes Grounds for contesting a will

Next steps

We’re here to get things moving. Drop a message to one of our experts and we’ll get straight back to you.

Call us: 033 3016 2222

Message us