Invalidity of wills on the grounds of lack of knowledge and approval by Keith Robinson

Wills are drafted and executed in a great variety of circumstances. Difficulties sometimes arise because after the death of the person making the will doubts exist as to whether or not that person had “knowledge and approval” of the contents of the will. This is a separate question from whether the will was executed with the necessary formalities under law and also separate from the issue of whether the person making the will had sufficient mental capacity. Sometimes what appears on its face to be a perfectly valid will and properly executed by a person in good mental health is challenged (usually by a disappointed family member) is on the ground that the person making the will neither knew nor approved of what the will stated.

For “lack of knowledge and approval” to become a live issue in litigation in respect of a will, the party claiming that an otherwise valid will is invalid on this ground must point to some facts which gave rise to suspicion. The level of proof that will then be required by the court depends on the degree of suspicion raised. The recent case of Boudh v. Bodh decided in the Court of Appeal in England in 2007 is an interesting example of this area of probate law.

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