lack of knowledge and approval

Testamentary gifts: What happens when there is a change in value of gifts between making a will and death?

It is difficult to establish want of knowledge and approval where a defendant has made a specific gift. Sarah Bolt reviews a case in point The court held that the lack of mathematical equality at the time of death did nothing to undermine the rationality of the provisions which the solicitor was instructed to incorporate …

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Wills: High Court rules against multimillionaire’s 2014 will

Documentary records were critical in establishing lack of knowledge and consent in a high-value judgment over an illiterate settlor’s will. Kevin Modiri discusses One would expect that if after just two years, a testator made a significant change to their will that cut out three residuary beneficiaries who together stood to inherit over £46m, a …

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Valid execution: A will, but no way

Wilson v Spence is a useful reminder of the evidential burden on a party propounding a will. Dilan Deeljur discusses Practitioners (on either side, whether propounder or examiner of a will) should not simply take a will at face value and assume valid execution. In Wilson v Spence [2022] the claimants sought to propound a …

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