Testators need to be aware of and approve the contents of their Will

Whilst it may seem inconceivable that a Will could be executed without a person being aware of the contents, situations can arise upon death where suspicions are raised that the testator was not aware of the contents of their Will. If it can be established that the testator did not understand and approve the contents of their Will, it will be held to be invalid.

The burden of proof in relation to a testator’s knowledge and approval of the contents of the Will falls on the individual seeking to prove the Will. Generally speaking, if a Will has been signed by a testator, there is a presumption of knowledge and approval. However, this presumption may not apply where there are suspicious circumstances surrounding the execution of the Will.

Suspicious circumstances can include:

1. Where the person who prepared the Will is a beneficiary under it.
2. Where it was known that the testator was deaf, blind, illiterate or of limited intelligence.
3. Where the terms of the Will directly contradict known wishes and relationships held by the testator.

Lack of knowledge and approval was recently considered in the case of Reeves v Drew & Ors [2022] EWHC 159 (Ch)]. This case concerned a large estate, worth in the region of £100 million. It was disputed whether the testator could not read or write. The testator’s daughter brought a claim to prove the last Will of the testator, which she said was a Will executed in 2014. This Will was grossly different to a Will executed in 2012, which remaining members of the family had been aware of and had presumed was the last Will. The daughter benefited significantly more under the 2014 Will.

Further, relatives with whom the testator had a good relationship at the time of his death, and were included within the 2012 Will, were excluded by the later Will. The daughter could provide no real explanation as to why there was such a significant change under the 2014 Will. Ultimately, the Court were not satisfied that the testator had read or approved the content of the 2014 Will and in light of that and coupled with significant concerns regarding the daughter’s behaviour, declared that the 2014 Will was not valid.

Whilst instances of Wills being executed without the testator being aware or approving of the contents are rare, they can occur and concerns may particularly arise where the Will has not been drafted with the assistance of a solicitor.

If you have concerns surrounding a loved ones Will, please call our Dispute Resolution team on 0113 207 000 for advice or assistance.