Last Updated on April 22, 2026 by tanya

How to Challenge a Will on Lack of Knowledge or Approval

 

About Our Legal Expert: This content is produced under the oversight of Michael Jefferies, First Personal Injury Director, who brings over 30 years of legal experience.

Written by Tanya Waterworth, Digital Content Writer

 

Did The Testator Fully Understand or Approve Their Will?

If you suspect all is not right with a loved one’s will and need to find out how to challenge a will on the testator’s lack of knowledge or approval, our team can help. Contesting a will can be a complex and emotional process, but an experienced contentious probate solicitor at your side can make all the difference.

If you believe the deceased did not fully understand or approve their will, you may have a valid reason to make a contentious probate claim.

We partner with specialist contentious probate solicitors who can discuss the legal options available to you and who offer a free initial consultation.

 

What is Lack of Knowledge or Approval?

A will is a legally binding document that outlines how a person’s assets are distributed after their death. For a will to be valid in England and Wales, the person making it (the testator) must have:

 

Testamentary Capacity – The mental ability to understand the nature of making a will and its implications.

 

Voluntary Approval – The free will to approve the content of the will without any undue influence, fraud, or pressure.

 

Common Scenarios to Consider

A will may be contested under the claim of lack of knowledge and approval if any of the following common scenarios exist:

 

Your loved one was suffering from dementia, Alzheimer’s, or another cognitive impairment.

The testator was pressured or manipulated by a relative or caregiver.

The person making the will did not fully understand the implications of changes made to the will.

Forged or fraudulent signatures were added to the document.

 

In these cases, a court can declare a will invalid, either partially or entirely, and redistribute the estate according to an earlier will or the rules of intestacy.

 

Signs You May Have a Claim Regarding Lack of Knowedge or Approval

Before taking legal action, it’s crucial to determine if you have a valid reason to challenge the will. Look for the following red flags:

 

Sudden Changes: The will changed significantly compared to previous versions.

Isolation: The testator was isolated from friends or family who usually influenced their decisions.

Medical Evidence: There is a history of mental illness or cognitive decline.

Suspicious Circumstances: The person who benefited most from the will had unusual access to the testator or influenced them during drafting.

 

If these signs apply, you may be able to file a contentious probate claim based on lack of knowledge or approval.

 

Your Easy Guide To Making a Contentious Probate Claim

Step 1: Obtain a Copy of the Will and Related Documents

The first step in challenging a will is to obtain evidence. This may include:

 

The most recent will – Ensure you have the legally registered copy.

Previous versions of the will – These can provide context to changes and support your claim.

Medical records – Documentation of mental health issues or cognitive decline.

Communication records – Emails, letters, or messages showing undue influence or manipulation.

 

Obtaining these documents early helps to build a strong case and prevents delays in court proceedings. Your solicitor can help you gather the relevant evidence.

 

Step 2: Consult a Specialist Solicitor

Challenging a will is legally complex. Therefore, it always advisable to consult a solicitor specialising in contentious probate law. They will be able to:

 

• Assess your claim based on evidence.
• Advise you on the likelihood of success.
• Outline the legal steps and time limits.

 

Acting promptly is critical.

 

Step 3: Attempt Mediation or Negotiation

Courts encourage parties to resolve contentious probate disputes. So, before filing a claim, your solicitor may suggest mediation or negotiation. This involves:

 

• Meeting with other beneficiaries to discuss concerns.
• Reviewing evidence and agreeing on adjustments or settlements.

 

Mediation can save time, reduce costs, and prevent family conflicts from escalating. However, if negotiations fail, you must prepare for formal court proceedings.

 

Step 4: File a Contentious Probate Claim

If mediation does not resolve the dispute, your solicitor will file a contentious probate claim with the court. This will include drafting the claim form with supporting evidence. Then a notice about the claim will be sent to all beneficiaries and executors.

Your solicitor will also document any attempts to resolve the dispute before turning to court. The court will set a timetable for submissions, evidence disclosure, and hearings.

 

Step 5: Prepare for Court Hearings

If a settlement cannot be reached, the case proceeds to court. Key steps in court preparation include:

 

Exchanging evidence: Both parties submit witness statements and documents.

Expert witness testimony: Medical or forensic experts may be called to support your claim.

Cross-examination: Beneficiaries and executors may be questioned about the will’s creation and signing process.

Legal arguments: Your solicitor will argue why the will should be partially or fully invalidated.

 

The court will then decide whether the will is valid, partially valid, or invalid.

 

Potential Outcomes When Contesting a Will

If successful, a claim based on lack of knowledge or approval may result in:

 

Invalidation of the most recent will – The estate may revert to an earlier will.

Redistribution under intestacy rules – If no earlier will exists, assets are distributed according to intestacy laws.

 

Tops Tips on How to Challenge a Will on Lack of Knowledge or Approval

To strengthen your claim and improve the likelihood of success:

 

Act quickly – Probate disputes have strict time limits.

Document everything – Keep a detailed record of events, communications, and observations.

Engage a specialist solicitor – Experience in contentious probate is vital due to the complexity of contentious probate law..

Consider alternative dispute resolution – Mediation may lead to faster, less stressful outcome and save you money.

Stay objective – Emotional disputes can cloud judgment; focus on evidence.

 

Following these tips can increase your chances of a successful claim regarding a lack of knowledge or approval by the testator, while reducing stress during the process.

 

Top 3 Myths About Challenging a Will

There are several myths about contesting wills:

 

Myth 1: Anyone can challenge a will.

Only those with a valid legal interest (beneficiaries or dependents) can file a claim.

 

Myth 2: Claims are always expensive and long.

While some disputes are costly, early legal advice and mediation can significantly reduce time and expenses.

 

Myth 3: A will is always final.

A will can be overturned if the testator lacked knowledge, approval, or capacity at the time of signing.

 

Contact Our Team Today

Challenging a will on the grounds of lack of knowledge or approval requires solid evidence, and expert legal guidance. If you believe a loved one’s will was signed without full knowledge or approval, taking action sooner rather than later can protect your legal rights and ensure the estate is fairly distributed.

 

Our panel firms will assess your claim and explain your options clearly. They offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding.

📞 Call us now on 0333 358 2345 📧 Or contact us online and we’ll call you back.