In the recent case of Re Williams (Deceased) [2012[ EWHC 586 (Ch) (16th of March 2021) it was determined that the lack of knowledge and approval by the Testator justified the Court upholding the validity of the Will with deletions.
The Judge found that knowledge and approval was only lacking in respect of some parts of the Will, rather than all of it.
The Judge admitted the Will to probate omitting words that did not reflect the Testator’s true intentions. The Testator had executed his Will believing that he was leaving his farm between his four sons. In fact he had left it to only one of them.
The Judge carefully considered the solicitor’s file notes when seeking to ascertain the Testator’s true intentions.
This emphasises the importance of keeping detailed file notes, and ensuring that the Testator is clear as to the effect of the Will, especially if the Will greatly favours one of a number of children.
To speak to our Head of Contentious Probate, Robert Weston, please email robert.weston@mfgsolicitors.com
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