Presumption of knowledge and approval
By default, where a will is singed and witnessed and has an attestation clause, the law presumes that a person knew and approved it. However, exceptions arise, for instance in cases where a will is signed on behalf of someone who is mute or blind, where the will has no attestation clause or where there are suspicious circumstances.
Overturning the presumption – suspicious circumstances
The presumption of knowledge and approval can be overturned where there are suspicious circumstances. Examples include:
- Beneficiary’s Involvement: If a person who benefits under the will played a significant role in its preparation, the presumption may be challenged.
- Physical or Mental Impairment: A person suffering from physical or mental impairment may be vulnerable to influence. For instance, signing a will while intoxicated may raise doubts about knowledge and approval.
- Failure to Explain Contents: If a solicitor fails to explain the will’s contents to the testator, it may indicate a lack of understanding.
- Fraud or Misrepresentation: Any suggestion of fraud or misrepresentation can cast doubt on the validity of the will.
- Divergence from Earlier Wills: A will significantly different from prior ones or known wishes may be subject to scrutiny.
Case example – Gill v Woodall [2010] EWCA Civ 1430
The case of Gill v Woodall illustrates the impact of severe agoraphobia on knowledge and approval. Mrs Gill, under the influence of a domineering husband, was taken to a solicitor to make a will. Expert medical evidence revealed her panic and anxiety at being forced to leave her house and which rendered her unable to know and approve her will. As a result, the court set the will aside.
Key factors in contesting wills
Contesting wills often involves examining medical evidence, the will-making file, and witness accounts from those who knew the testator. These elements collectively contribute to building a case, particularly in matters related to testamentary capacity and knowledge and approval.
Conclusion
Ensuring knowledge and approval is vital for the validity of a will. While legal presumptions exist, cases involving suspicious circumstances require careful consideration of evidence.
If you have concerns over a will or are facing a will dispute contact us to speak to one of our lawyers.
