Want of Knowledge and Approval | Burt Brill & Cardens

When a Will is challenged in England and Wales, one of the most complex — and often misunderstood — grounds is want of knowledge and approval. This issue commonly arises in probate disputes in UK courts, particularly where vulnerable testators, late-life Wills, or unexpected beneficiaries are involved.

In simple terms, a Will may be challenged if there is doubt about whether the person making it fully understood and approved its contents at the time they signed it.

This article explains what want of knowledge and approval means, when it applies, how it differs from other Will challenges, and when to speak to a Will dispute solicitor.

What Does “Want of Knowledge and Approval” Mean?

For a Will to be valid, the person making it (the testator) must:

Know what document they are signing
Understand the nature and effect of the Will
Approve the contents as reflecting their wishes.

A claim based on want of knowledge and approval argues that, although the Will may appear valid on its face, the testator did not genuinely understand or approve its terms.

This does not necessarily mean the person lacked mental capacity. Instead, it focuses on whether the Will truly represented their intentions.

When Does This Issue Commonly Arise?

Claims involving want of knowledge and approval most often arise where the circumstances surrounding the making of a Will give rise to legitimate concern or suspicion. While none of the situations below automatically invalidate a Will, they can prompt the court to examine the evidence more closely.

Common scenarios include:

A last-minute Will made shortly before death
Wills executed in the final days or weeks of life — particularly in hospital or hospice settings — may raise questions about whether the testator had sufficient opportunity to fully understand and reflect on the document before signing it.
A Will prepared when the testator was seriously ill or frail
Serious illness, medication, or extreme physical weakness can affect a person’s ability to concentrate, absorb information, or engage meaningfully with legal advice, even if they technically retain mental capacity.
Major changes from earlier Wills without a clear explanation
Where a new Will departs significantly from long-standing testamentary arrangements — such as excluding close family members — without any apparent reason, the court may question whether the changes were genuinely understood and approved or if there was undue influence.
A Will leaving most or all of the estate to a new or unexpected beneficiary
This can include carers, neighbours, or recently reconnected relatives. While such gifts may be perfectly legitimate, they often attract scrutiny, particularly if the beneficiary played a prominent role around the time the Will was made.
Situations where a beneficiary was closely involved in drafting the Will
Red flags may arise when a beneficiary arranges the solicitor, provides instructions, or is present during discussions. Even well-intentioned involvement can cast doubt on whether the Will truly reflected the testator’s independent wishes.

How Is This Different from Lack of Mental Capacity?

Although these two concepts are often confused, want of knowledge and approval is legally distinct from a lack of testamentary capacity, and the difference is an important one in Will disputes.

Testamentary Capacity

Mental or testamentary capacity focuses on whether, at the time the Will was made, the testator had the cognitive ability to:

Understand that they were making a Will.
Appreciate the nature and extent of their estate.
Recognise the people who might reasonably expect to benefit.
Make decisions free from delusion or confusion.

Capacity is primarily assessed medically and cognitively, often supported by medical records or expert evidence.

Knowledge and Approval

By contrast, knowledge and approval focus on whether the testator:

Understood the actual terms of the Will they signed
Appreciated how those terms would affect the distribution of their estate
Genuinely approved the document as reflecting their wishes.

This is less about overall mental ability and more about the process by which the Will was prepared and explained.

Why the Distinction Matters

A person may have full testamentary capacity but still lack knowledge and approval if:

The Will was complex or lengthy and not adequately explained
The testator relied heavily on another person to provide instructions
The document was prepared in a way that the testator did not fully understand
Language barriers, poor eyesight, hearing loss, or fatigue affected comprehension.

In such cases, the testator may have been capable of making a Will in principle, but did not fully appreciate what they were actually signing.

Practical Impact in Will Disputes

Because these are separate legal tests, a Will can fail on knowledge and approval grounds even where capacity is not in dispute. This is why courts often scrutinise solicitor attendance notes, explanations given, and the circumstances surrounding execution.

Understanding this distinction is essential when contesting a Will in the UK or defending its validity, and early legal advice can help identify which grounds — if any — are most appropriate.

Who Has to Prove Want of Knowledge and Approval?

The older woman is holding a pen, while the younger woman points to something on the paper.

In most cases, a Will that appears to be correctly signed and witnessed is presumed to be valid. This means the starting point is that the Will reflects the testator’s intentions.

However, where suspicious circumstances are raised, the legal burden may shift.

When the Burden Shifts

If the person challenging the Will can point to facts that cast genuine doubt on whether the testator understood or approved the Will, the court may require the person relying on the Will (usually the executor or main beneficiary) to prove that:

The testator knew the contents of the Will
The Will was properly explained to them
They freely and knowingly approved its terms.

This often requires more than simply showing the Will was signed correctly.

What Counts as Suspicious Circumstances?

Suspicious circumstances do not automatically invalidate a Will, but they do invite closer scrutiny. Examples include:

Sudden or unexplained changes from earlier Wills
A lack of independent legal advice
Secrecy surrounding the making of the Will
The testator is physically or emotionally vulnerable
Active involvement by a beneficiary, such as giving instructions or arranging execution.

Where these factors are present, the court will expect clear evidence that the testator genuinely understood and approved the Will.

Evidence the Court Will Consider

In contesting a Will in the UK, courts take a detailed and practical approach to the evidence. The focus is not only on what the Will says, but how it came to be made.

Key evidence may include:

Solicitor attendance notes
These are often critical. Detailed notes showing instructions were taken directly from the testator, and the Will was explained carefully, which can be decisive.
Medical records
While not determinative on their own, these can help establish the testator’s physical and mental condition at the time the Will was made.
Witness statements
Evidence from witnesses to the Will — or those present during discussions — can shed light on whether the testator appeared to understand and approve the document.
Draft versions of the Will
Drafts may show how the Will evolved and whether changes were consistent with the testator’s known intentions.
Evidence of relationships and intentions
Correspondence, prior Wills, and statements made to family or advisers can help the court assess whether the final Will makes sense in context.

Clear, contemporaneous records are often the deciding factor, particularly when events occurred many years earlier.

What Happens If the Challenge Succeeds?

If the court finds that there was a want of knowledge and approval, the Will in question may be declared invalid.

The consequences can be significant:

An earlier valid Will may take effect
If a previous Will exists and meets the legal requirements, it may govern how the estate is distributed.
The estate may pass under intestacy rules
If no earlier valid Will exists, the estate will be distributed according to the statutory intestacy framework, often with unexpected or unfair results.

Either outcome can dramatically change who inherits, sometimes excluding individuals the deceased intended to benefit or including relatives they did not.

When Should You Speak to a Will Dispute Solicitor?

You should seek specialist advice if:

A Will does not reflect what you were led to expect
A vulnerable person made a late or unexpected Will
You suspect pressure, misunderstanding, or lack of explanation
You are defending a Will where allegations have been raised.

A specialist Will dispute solicitor can assess the evidence, advise on prospects of success, and guide you through often sensitive probate disputes.

FAQs: Want of Knowledge and Approval in Will Disputes

Can a Will be challenged on knowledge and approval even if it was professionally drafted?

Yes. While Wills drafted by solicitors are generally given greater weight, they can still be challenged if there is evidence that the testator did not properly understand or approve the contents. The court will examine how instructions were taken and whether the Will was adequately explained.

How soon after death must a Will be challenged?

There is no strict time limit to raise concerns about a Will’s validity, but delays can weaken a case. Once an estate has been distributed, it may be harder to reverse the outcome. If you bring a claim after a considerable time, the executor of the estate may be able to rely on the defence of laches, barring a claim from being brought where there has been an unreasonable delay. Early legal advice is strongly recommended.

Can language or literacy issues support a claim?

Yes. If the testator had limited English, poor literacy, or sensory impairments (such as hearing or sight loss), and these were not properly addressed when the Will was explained, this may support a claim that they did not fully understand or approve the Will.

Does signing every page of a Will prevent a challenge?

No. While signing and initialling pages can support validity, it does not guarantee knowledge and approval. The key issue is whether the testator genuinely understood and agreed to the terms, not simply whether they signed the document.

Can a video or audio recording help prove knowledge and approval?

Potentially, yes. Recordings showing the Will being explained and approved can be persuasive evidence, although they are not required. The court will consider their quality, context, and reliability like it would any other evidence. As this evidence will be from the time the Will was created rather than, for example, a witness’s recollection, it is likely to be very helpful.

What if the testator trusted someone else to deal with the details?

Blind reliance on another person — particularly a beneficiary — can raise concerns. Even where trust existed, the court must be satisfied that the testator personally understood and approved the Will’s contents.

Can executors be personally affected by these disputes?

Yes. Executors may face delays, legal costs, and personal stress, and in some cases may be criticised if they fail to act neutrally. Obtaining early legal advice can help executors protect themselves while administering the estate properly.

Key Takeaway

Claims based on want of knowledge and approval are highly fact-specific and require careful legal analysis. They play a crucial role in ensuring that Wills truly reflect a person’s intentions, particularly in complex or contested estates.

If you are involved in probate disputes or considering contesting a Will in the UK, early advice from an experienced solicitor can protect your position and prevent costly mistakes.

Need Advice on a Will Dispute?

Burt Brill & Cardens advise clients across Brighton and the South East on complex Will disputes, including claims involving want of knowledge and approval. We also act for claimants and executors who are overseas if the deceased or their Will is based in the South East.

If you are concerned about the validity of a Will or need to defend one, contact our team for confidential, specialist advice.

Get in touch with our Wills and probate team today by calling us on 01273 604123 to discuss your needs and find out how we can support you. Alternatively, you can reach us by email at enquire@bbc-law.co.uk or make an enquiry.

Want of Knowledge and Approval” — What It Means in Will Disputes