Elements of a will executed by a 92-year-old man in 2022 were invalid for want of knowledge and approval because its contents had not been adequately explained to him by his solicitor, the England and Wales High Court has concluded in Elliott v Bateson, [2026] EWHC 2440 (Ch).
By way of a conclusion, the judge ordered that the testamentary clause depriving the claimant of access to the capital (since the interest was not absolute) should be struck out, on the basis that this was the section of which the deceased had not had full knowledge and approval. This would ‘blue-pencil’ out the life interest trust and make the 50 per cent gift absolute. The cases of Fuller v Strum, [2001] EWCA Civ 1879, Mundil-Williams v Williams, [2021] EWHC 586 Ch, and Richefond v Dillon, [2023] EWHC 3593, were cited as authorities for the proposition that the court has power to do this.
Most interesting reading!
Have a look at the case notes:
