Our Will, Trust and Estate Disputes team can advise you on rectification claims when an error has been made in the drafting of a will.
If a person acts quickly, it might not be too late to rectify the error. In effect, the court can sometimes slightly “rewrite” the will so it includes what it should have stated in the first place.
Applications can be made to the court to rectify mistakes in wills in circumstances where:
- There is a clerical error in the will
- When drafting the will, the lawyer did not understand the testator’s true intention
Such applications must be made to the court within six months from when the Grant of Representation is obtained. The court will only grant an extension of time in limited circumstances and therefore it is vitally important to seek legal advice without delay.
For a rectification claim to succeed, the court will require strong evidence that the will was not drafted in the way that the testator had intended.
Where an action to rectify a will is successful, there may be grounds to pursue a professional negligence claim against the solicitor who drafted the will, so that they pay the costs of the rectification proceedings.
The types of errors which can lead to rectification of wills are wide ranging. They can include issues such as incorrect numbering, incorrect descriptions of property or even the incorrect person signing a will (Marley v Rawlings).
