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View the related practice notes about Want of knowledge and approval

Requirements for a valid Will

CORONAVIRUS (COVID-19): For Wills made on or after 31 January 2020, the formal requirement for a valid Will to be witnessed in the presence of two witnesses includes both physical and virtual presence, to allow Wills to be validly witnessed remotely by way of video conference. For the latest guidance on this temporary change (which takes effect for Wills made up to and including 31 January 2024), see Practice Note: Coronavirus (COVID-19)—remote witnessing of Wills. Note that the guidance below relates to WA 1837 in its unchanged form.Checking whether a Will is validOnce the Will has been obtained, the Will and any codicil should be checked to ensure it complies with the legal requirements for a valid Will.The Will should be checked to ensure that it:•has been executed in accordance with the appropriate formalities•has not been revoked by operation of law on marriage/civil partnership•has not been revoked by deliberate act of the testator by later Will or codicil or destruction•has not been altered•was made when the testator was over 18 (or if they were a minor, that they were...

Probate actions—want of knowledge and approval

Before a Will is admitted to probate the court must be satisfied that the testator knew and approved of its contents at the time that they executed the Will. Assuming the requisite testamentary capacity and due execution, there is a prima facie inference that the testator knew and approved its contents.However, the court can request further affirmative evidence. This may be required where:•the testator suffers from a serious infirmity such as blindness or deafness, or is illiterate•there is a mistake or inadvertence in the drafting of the Will•the circumstances surrounding the drafting and/or execution of the Will arouse suspicion, eg where the person preparing the Will takes a benefit under it (Butlin v Barry (1837) 1 Curt 614)The court will no longer assume knowledge and approval merely because the Will was read over to a capable testator or notice of its contents was given in some other way:'There is no unyielding rule of law (especially where the ingredient of fraud enters into the case) that, when it has been proved...