What is rectification of a will?

Rectification is an equitable remedy primarily available to remedy mistakes in written instruments recording the terms of contracts.

The Administration of Justice Act 1982 provides a limited power to rectify wills to rectify two types of mistakes:

1. Mistakes caused by clerical error (S.20 The Administration of Justice Act 1982)

2. Mistakes arising from the draftsman failure to understand the testators instruction. (S.20 (1) The Administration of Justice Act 1982)

If a Court can be satisfied that the will is expressed in a way that fails to carry out the testators intentions it can order the will to be rectified so as to carry out the intentions.

Mistakes caused by clerical error – this means inadvertent error made in the process of recording the words of the testator in drafting or transcription of the will. Examples of this maybe failing to include a mirror clause from an earlier will that the deceased wanted or making reference to an incorrect paragraph number in a codicil.

Mistakes arising from the draftsman’s failure to understand the testators instruction can in limited circumstances be rectified.

Rectification is limited in use in these circumstances, it can only be used where there is a separate draftsman and this person fails to understand the instruction. For instance the will is in error drafted in a way that leaves all the estate to X rather than Y and the testator signs the will without noticing the error.

Rectification cannot be used where the testator drafts their own will or where the testator fails to understand the legal effect of the words they have used and this creates and unintended result.

Latest tweets

Clodes Solicitors
Clodes Solicitors
If you or a loved one are considering appointing an Attorney in the form of a Lasting Power of Attorney and need assistance contact us

If a loved one did not appoint a suitable Attorney in the form of an LPA and you need help dealing with their finances contact us to discuss making a Deputy Application https://www.clodes-solicitors.com/service/deputyship/ or call us on 02920 765050

#solicitor #mentalhealthmatters #clodessolicitors
Need to prevent someone obtaining a full grant to administer an estate whilst you investigate a potential claim or issue your claim. Consider a Caveat https://t.co/NAK6XWmMnf
#executor #estate #probate #will https://t.co/1wOL5vuHF4
Record fine for NHS trust after death of baby 23 minutes after birth https://t.co/f3XoL9qJ9T