Knowledge and Approval
If a will is signed correctly and the person making the will (known as the testator) has the necessary testamentary capacity (please see our page, Contesting a Will – Testamentary Capacity), it is assumed that the testator knew of and approved the contents of their will.
Such ‘knowledge and approval’ is essential in order for the will to be valid.
However, in some cases, suspicions may be raised and a court may require evidence to show that the testator understood and approved of the contents of their will. For example:
- if the testator was blind, illiterate, deaf or had some other disability which might have affected their ability to understand and approve of the will;
- the will is was signed by another person on behalf of the testator; or
- The will is complex or contains significant changes from earlier changes without any explanation,
If a will is declared invalid, an earlier will or codicil may be admitted to probate. If there is no earlier will, the person may have died ‘intestate’ (without a will).
If you have any concerns about the validity of a will or codicil, our specialist solicitors can advise you about this.
Contact us by email or we offer an initial free telephone consultation (limited to 30 minutes).