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Lack of Knowledge and Approval

Also known as: No Knowledge of Contents, Uninformed Testator

Definition

Lack of knowledge and approval is a ground for challenging a will where the testator didn't understand what was in the will or what its effect would be when signing.

This requirement protects vulnerable people from having wills imposed on them without genuine understanding, even if properly signed and witnessed.

What Does Lack of Knowledge and Approval Mean?

Knowledge and approval is a fundamental common law requirement for will validity in England and Wales. The leading authority, Gill v Woodall [2010] EWCA Civ 1430, requires courts to consider whether the testator understood what was in the will when signing and what its effect would be. This differs from testamentary capacity—someone may have full mental ability to make a will but still lack knowledge and approval if unaware of the document's actual contents or consequences.

When a will is properly executed, the law presumes the testator knew and approved its contents. However, this presumption can be rebutted if suspicious circumstances exist—factors that raise the court's concern, such as a beneficiary preparing the will, dramatic changes from previous intentions, or the testator being vulnerable or dependent on someone who benefits. Once sufficient suspicion is raised, the burden shifts to those defending the will to prove genuine understanding existed.

For example, David, 78, always intended to split his £340,000 estate equally among his wife Karen and his two children. After a stroke left him dependent on Karen, she arranged for her cousin to prepare a new will leaving everything to her. David never saw his solicitor, and minimal notes exist showing explanation. This creates suspicious circumstances requiring clear proof David understood he was disinheriting his children.

The Gill v Woodall case involved Mrs Woodall, who suffered severe agoraphobia. Despite professional preparation and proper witnesses, her extreme anxiety during signing prevented comprehension. The Court found lack of knowledge and approval but emphasized the facts were "exceptional"—successful challenges remain uncommon even when the burden shifts.

Common Questions

"What is the difference between lack of knowledge and approval and lack of testamentary capacity?" Capacity concerns general mental ability to make a will. Knowledge and approval concerns whether the testator understood this specific will's contents and effects—even someone with capacity might not approve contents if inadequately informed or the will was prepared in suspicious circumstances.

"Can I challenge a will if my parent signed it but didn't understand what it said?" Yes, if you can raise suspicious circumstances suggesting they didn't understand the contents or effects. Evidence might include a beneficiary preparing the will, dramatic changes from previous wishes, or vulnerability when signing. The burden then shifts to those defending the will to prove knowledge and approval existed.

"Does a properly witnessed will prove the testator knew and approved its contents?" Not necessarily. Correct execution creates a legal presumption of knowledge and approval, but this can be rebutted if suspicious circumstances exist. Witnesses only confirm signature and presence—not understanding of contents. Suspicious circumstances shift the burden of proof.

Common Misconceptions

Myth: If someone had mental capacity when they signed their will, it can't be challenged for lack of knowledge and approval

Reality: Knowledge and approval is separate from testamentary capacity. Someone can have full mental capacity but still lack knowledge and approval if they didn't understand what was written in the specific document or its practical effects.

Myth: If a solicitor prepared the will and witnessed it being signed, knowledge and approval is automatic

Reality: Professional preparation creates a strong presumption of knowledge and approval, but this can be rebutted if suspicious circumstances exist. Even with solicitor involvement, the court may require positive evidence the testator understood and approved the contents.

  • Testamentary Capacity: Concerns general mental ability to make a will, distinct from understanding specific contents.
  • Undue Influence: Requires proof of coercion, whereas this focuses on whether testator understood what they signed.
  • Will Validity: Knowledge and approval is one critical component alongside capacity and proper execution.
  • Suspicious Circumstances: Factors triggering the burden-shifting mechanism requiring positive proof of knowledge and approval.

Need Help with Your Will?

Understanding knowledge and approval requirements is essential for creating a will that cannot be challenged. Ensuring you fully comprehend your will's contents before signing protects your wishes and prevents future disputes.

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.