Will drafting error causes dispute over knowledge and approval (Mundil-Williams v Williams)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Private Client analysis: The High Court has upheld a challenge to a Will on grounds of want of knowledge and approval in a case in which there were no questions about testamentary capacity and the Will was drafted by a firm of solicitors, read over by the testator and duly executed. Despite these factors weighing heavily in favour of the Will representing the testator’s intentions, the court reached the clear conclusion that it did not due to the evidence surrounding the process in which the instructions were taken, the scope for confusion, and the fact that the Will as drafted did not make practical sense. Written by Daisy Brown, barrister at Enterprise Chambers.