When someone signs a Will, it is not enough that they have the mental capacity to make one. They must also understand and approve what the Will actually says and does.

That distinction was at the heart of the recent High Court case – Elliott v Bateson [2026] EWHC 2440 (Ch) concerning the 2022 Will of Mark Briant. There was no suggestion that Mark Briant lacked testamentary capacity. Instead, the dispute was about whether he properly understood an important change to the way his wife would inherit his estate.

The Court ultimately found that he “did not know and approve of the contents of the 2022 will because he had not had it explained to him sufficiently clearly”.

What did he not understand?

Mark Briant was 92 when he made his new Will. He wanted his wife, Rosemary Briant, to receive 50% of his estate. His solicitor suggested that, rather than leaving that share to her outright, it should be placed into a life interest trust, with a view to protecting the funds if she later needed residential care.

But the change had an important consequence.

Rosemary Briant would be entitled to the income from the 50% share, but she would not be entitled to the capital itself. The capital would ultimately pass to Mark Briant’s daughter, Vanessa. There was also no direct power allowing the trustees to use the capital for Rosemary Briant’s benefit.

The question was whether Mark Briant had really understood that this was the effect of the change.

What showed that he did not understand?

The Court looked carefully at the evidence surrounding the preparation of the Will.

Crucially, there was nothing in the solicitor’s typed or handwritten attendance notes recording that Mark Briant had been told that Vanessa would ultimately receive the capital. In addition, the Will was not read over to him by the solicitor before he signed it.

The judge considered that Mark Briant, given his age, frailty and inexperience, needed the implications of the change to be carefully explained. The Court was satisfied that he wanted his wife to receive 50% of his estate, but was not satisfied that he understood and approved the decision to place that share into a life interest trust.

The relevant wording was therefore struck out, meaning that Rosemary Briant received the 50% share outright.

What does “knowledge and approval” mean?

This is where the distinction between testamentary capacity and knowledge and approval becomes important.

Broadly, testamentary capacity considers whether someone has the necessary mental capacity to make a Will. Knowledge and approval is concerned with whether the person actually understood and approved the contents of the particular Will they signed.

Where a Will has been properly executed by someone with testamentary capacity, knowledge and approval may ordinarily be presumed. However, if there are circumstances which “excite the suspicion of the court”, evidence may be required to satisfy the court that the person really did know and approve the Will’s contents.

That can make the evidence surrounding the preparation of a Will particularly important. Solicitors’ attendance notes, correspondence, earlier drafts and evidence about how the Will was explained may help establish whether the person understood the document they eventually signed.

What happened to the Will?

The Court did not set aside Mark Briant’s entire 2022 Will.

Instead, the wording which created the life interest trust was struck out. The effect was that the 50% share of the estate passed to Rosemary Briant outright, rather than being held for her under the life interest trust.

A separate claim that the Will had been procured by undue influence was dismissed.

Concerned about the circumstances in which a Will was made?

If you are concerned that a family member did not understand the Will they signed, or that the Will does not reflect what they had previously said they wanted, our contentious probate team can advise you on whether there may be grounds to investigate or challenge the Will.

Claims based on want of knowledge and approval are fact-specific, so obtaining the Will file and considering the circumstances in which the Will was prepared will often be an important starting point.