The will was challenged as to whether it was executed with the testator’s knowledge and approval. In particular the court was asked whether the testator had to understand the nature and effect of testamentary provisions.
Held: ‘In my view, it is not a requirement of the plea, in all cases, that it must be established that the testator must have appreciated the legal effect of the words used in the document in issue. Suppose that a solicitor drafts a will believing it accords with her client’s instructions but, through a drafting error which may be rectified by the court, the legal effect of the words is to divert a gift from its intended recipient to a third party. Suppose too that the solicitor advises or otherwise leads her client to believe that the effect of her drafting is that the intended recipient of the gift will receive it. Suppose too that the client fully and freely considers that advice or information and then approves the words used. I am of the view that it cannot be said, in these circumstances, that, solely because of the drafting error and its legal effect, the testator did not know and approve the contents of his will.’
Judges:
Kleen HHJ
Citations:
[2016] EWHC 3199 (Ch), [2017] 4 WLR 32, [2016] WLR(D) 685
Links:
Jurisdiction:
England and Wales
Wills and Probate
Updated: 04 February 2022; Ref: scu.577844