Contesting a Will Due to Lack of Knowledge or Approval

Contesting a Will due to lack of knowledge or approval

Anyone making a Will needs to understand and approve of its contents. If it can be shown that this was not the case, this may provide sufficient grounds to contest the Will. This is something our contentious probate solicitors will be able to support you with.

At Tinsdills Solicitors, our contentious probate solicitors have a wealth of combined expertise in resolving various types of legal disputes. As such, we will be able to support you in challenging a Will on the basis of lack of knowledge or approval. Taking you through the entire process from start to finish, we will provide close personal support and carefully tailored legal support, whether you are bringing or defending a claim.

We have strong negotiating skills, and wherever possible, we will put these to use to resolve any disputes amicably and with as little disruption as possible. Our primary focus will always be to help you secure the best possible settlement, which means we will not simply settle for the most convenient option. Should court proceedings be required, we can provide robust representation to make sure your rights are firmly protected.

Our team also have a wide range of expertise in other matters related to contested Wills, Trusts and Probate. Find out more about these services here.

To discuss contesting a Will due to lack of knowledge or approval with one of our contentious probate solicitors in Hanley, Leek, Newcastle-Under-Lyme or Sandbach, please call 01782 652300 or use the enquiry form on the right hand side of the page.

Our Expertise with Contesting Wills Due to Lack of knowledge or awareness

Bringing Claims of Lack of Knowledge or Awareness

Where you have been unfairly omitted from a Will, or you believe the wishes of the testator are not accurately reflected in a Will, it may be the case that they did not fully understand or approve of its contents. If this can be proven to be the case, the Will should be considered invalid.

It is a requirement that anyone making or amending a Will should fully understand and approve of the contents of a Will in order for it to be executed after they die.

When instructed, our contentious probate solicitors will review the circumstances surrounding the Will and the way it was written, obtaining any available evidence. If this points towards a lack of knowledge or awareness on the part of the testator, then we can help you to build an effective case, negotiating with the other relevant parties to reach a positive settlement that matches your best interests.

Defending Claims of Lack of Knowledge or Awareness

It may be the case that you are a beneficiary of a Will which is being challenged on the grounds of a lack of knowledge or awareness. This may initially appear as a difficult prospect, but our contentious probate solicitors can help to clarify your situation and what steps need to be taken to ensure the Will is executed as planned.

When instructed, our team will review and present the necessary evidence to demonstrate that the testator had the required level of knowledge and awareness when making or amending their Will in order for it to be considered legally valid.

Meet our Dedicated Contested Will Team

Legal & Commercial Director

Paul Woolliscroft

Paul is a litigation Solicitor, Legal & Commercial Director and Head of the Litigation…

Senior Associate

Jason Washington

Jason is a Senior Associate and advises both businesses and individuals in resolving disputes….

Legal Executive (FCILEx)

Shannan Sutton

Shannan is a Chartered Legal Executive who specialises in civil matters for the department,…

Get in Touch With our Contested Will Solicitors Today

Do you want to discuss a contested Will case? We have expertise in this area and more.

With a dedicated team on hand to take you through every step of the process, you can rest assured that we will provide you with the best chance of getting the outcome you deserve.

To arrange an appointment with one of our contentious probate solicitors in
Hanley,
Leek,
Newcastle-Under-Lyme, or Sandbach,
please call 01782 652300 or use the enquiry form on the right hand side of the page.

Lack of knowledge or approval FAQs

What is lack of knowledge or approval?

The testator of a Will must understand and approve of the contents of a Will for it to be considered legally valid. This means that the testator needs to have been aware of what the implications of signing a Will would be and what they were leaving behind to their beneficiaries.

A lack of knowledge or approval is distinct from a lack of testamentary capacity. A lack of testamentary capacity declares that the testator lacked sufficient mental capacity to make or amend a Will in the first instance. Testamentary capacity is likely to be affected by conditions such as memory loss, Alzheimer’s disease, dementia, mental illness or brain injury.

How can you prove lack of knowledge or approval?

Proving a lack of knowledge or approval will focus on the circumstances surrounding the signing of the Will. For example, if it can be shown that:

The testator was vulnerable
Radical changes were made to the Will without proper explanation
There are unexpected errors in the Will
A beneficiary suddenly takes on an active role in the Will and receives an advantage

Lack of knowledge or approval could also be an effective way of challenging a Will that was produced independently (DIY Will) and where legal advice was not originally sought.

What happens if it can be shown there was a lack of knowledge or approval?

If it is found that a Will was produced without proper knowledge or approval, it will be considered invalid. This will then mean that the most recent valid Will is used in its place or, if there is no other valid Will, the rules of intestacy will apply.