释义 |
knowledge and approval The requirement that a will must “truly represent the testator’s testamentary intentions” (Strum v Fuller [2001] EWCA Civ 1879, approved in Marley v Rawlings [2014] UKSC 2). If it is not present, the will fails in whole or in part. There is some uncertainty about what precisely the testator must know and approve, when knowledge and approval can be presumed, and what the effect of “suspicious circumstances” surrounding the execution of the will on any such presumption might be. But knowledge and approval are likely to be presumed in circumstances where a testator with testamentary capacity duly completes execution of the will. The requirement of knowledge and approval is technically distinct from that of an absence of undue influence, but they can sometimes be difficult to distinguish in practice. A leading case discussing these issues is Gill v Woodall [2010] EWCA Civ 1430. |