The Difference between the 'Knowledge and approval' Doctrine and the Undue Influence Doctrine — Why the Knowledge and Approval Doctrine is Redundant to Australian Succession Law?

Abstract

The 'knowledge and approval' doctrine and the testamentary doctrine of undue influence are vitally important principles in determining the validity of a will, and they share the same objective of protecting testamentary freedom. However, these two principles are not identical. This article distinguishes between these two doctrines regarding the allocation of the burden of proof, the perspective to protect testamentary freedom, and whether there is coercion on the testator and analyses the two doctrines' characteristics and values. It also focuses on the role of knowledge and approval in Australian succession law and argues that it has become redundant because of the potential risks to lead to the refusal to admit to the probate of legal wills in judicial practice and its relevance to the content of testamentary capacity.