The basis of the "knowledge and approval" doctrine

Validity of a will

Simon Douglas

For a will to be valid it is commonly said that there are four requirements: (1) the will must have been executed by the testator in accordance with the Wills Act 1837, section 9; (2) the testator must have had the necessary capacity to execute the will; (3) the testator must have been free of undue influence and fraud; and (4) the testator must have "known and approved" of the will. This article considers the fourth requirement, the need for knowledge and approval.