Where there’s a will, is there a way?

Table of contents

• Original news
• What is the background to this case, and what issues did it raise?
• Was a one-stage or two-stage test used to determine the issue of the testator’s knowledge and approval, and why?
• What are the possible ramifications of the judgment?
• Will this decision affect the way in which practitioners advise clients?
• Does this case expose any inadequacies with ‘DIY’ wills?
• How does this case fit in with other developments in this area? Do you have any predictions for future developments?
• Are there any final observations you wish to add?

Article summary

Private Client analysis: Jennifer Seaman, a barrister at 3 Stone Buildings, advises that even if the contents of a will are ‘surprising’, and there is no evidence on how the will was prepared or obtained, this does not necessarily mean that a challenge on the grounds of want of knowledge and approval will succeed.