What is Lack of Knowledge and Approval?

INTRODUCTION

For a Will to be considered valid, the Testator (the person making or altering the Will) must be deemed to be of sound mind (i.e., "testamentary capacity).

In addition, the Testator must have knowledge of the terms of the Will and approve of its content. If they didn't have the required knowledge and approval, the Will is considered invalid and open to challenge.

THE TEST FOR KNOWLEDGE AND APPROVAL

The test for knowledge and approval is simple:

Did the Testator understand:

• what was in the will when signing it?
• what its effect would be?

There are a few exceptions to this test, such as in cases where the Testator has a speech, hearing, eyesight, or writing disability.

Under these circumstances, evidence must be submitted to demonstrate that the Testator actually did have the required knowledge and approval.

WHAT ARE SUSPICIOUS CIRCUMSTANCES?

If the Beneficiary has reason to suspect suspicious circumstances surrounding the drafting or signing of a Will, then it erodes the assumption that the Will is valid. It is, therefore, incumbent upon the Beneficiary to remove that suspicion.

Examples of suspicious circumstances may occur where:

• a Testator disinherits somebody with a reasonable claim to the estate for no apparent reason;
• a Testator suddenly wishes to leave out particular beneficiaries that were included in a previous Will;
• a Beneficiary has exerted control over the Testator;
• a Beneficiary (or third party) has assisted the Testator in preparing or editing the Will or has instructed a solicitor to prepare a Will.

In any of these circumstances, it's entirely possible that dishonesty, undue influence, or even fraud could have been at play as a result of the Beneficiary exerting undue influence over the Testator.

NEED TO KNOW MORE OR YOU'D LIKE TO DISCUSS YOUR OPTIONS?

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