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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Will should be checked to ensure that it:•has been executed in accordance with the appropriate formalities•has not been revoked by operation of law on marriage/civil partnership•has not been revoked by deliberate act of the testator by later Will or codicil or destruction•has not been altered•was made when the testator was over 18 (or if they were a minor,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...

View the related q&as about Want of knowledge and approval

How does an executor's duty of neutrality interact with their duty to establish the value of the estate where one beneficiary (A) alleges that another beneficiary (B) misused B's power of attorney during the lifetime of the deceased? Does the executor have a duty to investigate/require B to provide an account?

How does an executor's duty of neutrality interact with their duty to establish the value of the estate where one beneficiary (A) alleges that another beneficiary (B) misused B's power of attorney during the lifetime of the deceased? Does the executor have a duty to investigate/require B to provide an account? The duty of neutrality The duties of executors are to establish the value of the estate, collect in the assets and distribute the estate according to law and the terms of the Will (section 25 of the Administration of Estates Act 1925). This is an administrative role, but in carrying out these duties, executors are under a duty to remain neutral and not support one beneficiary against another in any contentious matter. Such contentious matters can arise in a number of ways and include: • mutual Wills • claims under the Inheritance (Provision for Family and Dependants) Act 1975. In such actions, the executors should confine their role to providing evidence in accordance with CPR PD...

Our firm has received a Larke v Nugus letter re an estate where we are not executors nor are instructed. The Will provides for the whole estate to pass to a discretionary trust and there is a letter of wishes suggesting how the trust should be dealt with, which was clearly intended by the testator to be confidential. How do we comply with the Law Society guidance on Larke v Nugus and also ensure we do not breach our duty of confidentiality?

Our firm has received a Larke v Nugus letter re an estate where we are not executors nor are instructed. The Will provides for the whole estate to pass to a discretionary trust and there is a letter of wishes suggesting how the trust should be dealt with, which was clearly intended by the testator to be confidential. How do we comply with the Law Society guidance on Larke v Nugus and also ensure we do not breach our duty of confidentiality? A Larke v Nugus letter is a request to solicitors or other professionals who drafted a will to provide information on the circumstances at the time of the drafting of that Will, and is commonly made where there is a putative challenge to the validity of the Will, on grounds for example of testamentary capacity, want of knowledge and approval, undue influence or fraudulent calumny. It will usually be accompanied by a request for a copy of the Will file, together with the...

View the related News about Want of knowledge and approval

Private Client weekly highlights—24 August 2023

This week’s edition of Private Client highlights includes: (1) a successful farming proprietary estoppel case brought by the son of the deceased farmer (Spencer v Spencer), (2) a successful want of knowledge and approval claim brought by the deceased’s children in relation to her last Will (Ingram and Whitfield v Abraham), (3) an update from HM Land Registry affecting personal representatives, and (4) the announcement by the Ministry of Justice of a rise in interest rates for Court Funds Office special and basic accounts, and (5) a rare successful wrongful trading claim (Safe Depot Ltd (In Liquidation)).