A lack of knowledge or approval is where there is reason to believe that the person who made the will lacked knowledge or approval of the final document, and a will can therefore be challenged on this basis.

 

Here are some examples
  • In a case where a blind person who has written a Will, it should specifically state the person was blind
    but that the will was read over to them or provided in braille and fully explained to them in the presence of the two witnesses

 

  • If a person does not speak English very well or cannot read English, an independent translator should assist to read over to will
    to them in their first language and there should be opportunity for amendments to be made or for clauses to be explained.

 

  • If a person is deaf, again, it should be state the procedures that took place to ensure they understood
    the will. Was someone present to sign and if they were able to read was it established that they fully understood the contents of
    what they read.

 

  • In cases where a person cannot write and marks with a cross or is not able to sign due to a physical problem then again this
    should be documented together with the steps that were taken to ensure they properly understood the document.

 

If there is reason to believe a person signed a will without being fully aware of the contents or understanding exactly what the implications of signing the will would be, then there are grounds to argue it is invalid.

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