What Is Lack of Knowledge or Approval In A Will?

How to Start a Contentious Probate Claim

If a loved one has passed away and you’ve got questions about what is lack of knowledge or approval in a will, we partner with highly experience contentious probate solicitors who can help.

When a loved one passes away, you may assume the will reflects their true intentions. However, sometimes the testator may not have fully understood or approved the contents of the will they signed. This is known as lack of knowledge or approval, a valid legal ground for contesting a will under contentious probate.

At Jefferies Claims, we partner with specialist solicitors who guide families through these complex claims. If you suspect a will may have been made without full understanding or consent, acting quickly is essential. You can also explore other grounds for contesting a will on our Will Disputes page.

We offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding – speak to our team to find out more.

It is advisable to act quickly if you’re involved in a probate dispute and we offer a free, initial consultation – so contact our team today.

What Is Lack of Knowledge or Approval?

The law generally assumes that when a person signs a will, they:

1. Know the contents – They understand what is included in the document.

2. Approve the contents – They agree that the will reflects their wishes.

If evidence shows the testator did not understand or approve the will, the document can be challenged and potentially invalidated.

Common Scenarios

Lack of knowledge or approval often arises in cases where the testator:

Was ill, elderly, or cognitively impaired.
Had poor literacy, visual, or hearing limitations.
Had the will prepared by someone who stood to benefit.
Experienced sudden or unexpected changes in beneficiaries compared to previous wills.

These circumstances can raise serious questions about whether the will truly represents the testator’s intentions.

Why This Ground Matters

Challenging a will on lack of knowledge or approval can have significant consequences:

The will may be declared invalid, , leading the estate to revert to a previous valid will.
If no prior will exists, the estate may be distributed under the rules of intestacy.
Compared to undue influence, proving lack of knowledge or approval may be simpler, as it does not require demonstrating coercion, only the testator’s lack of understanding or consent.

For more information on other grounds for contesting a will, visit our Will Disputes page.

Steps to Challenge a Will

If you believe a will may be invalid due to lack of knowledge or approval:

1. Seek specialist legal advice
Early consultation with a solicitor experienced in contentious probate is crucial.

2. Gather supporting evidence
Examples include:

- Medical records showing cognitive impairment or illness.
- Notes or witness statements from meetings about the will.
- Copies of prior wills to highlight unusual changes.
- Evidence of the testator’s understanding of the document.

3. Check probate status
Some challenges must be raised before probate is granted, while others may have stricter deadlines if the estate is already being administered.

4. Issue a claim form
Your solicitor will outline the grounds, supporting facts, and the outcome sought (e.g., invalidating the will).

Practical Tips

Act promptly – early action preserves evidence.
Document the testator’s capacity and understanding – any medical or witness evidence strengthens your claim.
Compare wills over time – unusual changes are a key indicator of potential issues.
Link to broader guidance – our Will Disputes pillar page explains all grounds to challenge a will, including undue influence and lack of capacity.

Top 3 FAQs on Lack of Knowledge or Approval

Q: Can I challenge a will solely on lack of knowledge or approval?
Yes, though claims often combine multiple grounds, such as lack of capacity or undue influence.

Q: What are “suspicious circumstances”?
Unusual changes from previous wills, a beneficiary drafting the will, or a vulnerable testator may all be considered suspicious.

Q: How long do I have to bring a claim?
Time limits vary. If probate has not been granted, act immediately. Post-probate, strict deadlines such as the Inheritance Act 1975 six-month limit may apply.

Get in Touch Today – Free Consultation

If you believe a loved one’s will may have been made without proper knowledge or approval, it is critical to act quickly. Early legal advice with a sound strategy, as well as solid evidence gathering can make all the difference.

Contact Jefferies Claims today at 0333 358 3034 or complete our online contact form to arrange your initial no-obligation telephone consultation.