Rectification of a Will
If a will does not carry out the testator’s intentions due to a clerical error or because a solicitor did not properly understand the testator’s instructions, you may be able to bring a claim to rectify the will. Whether you are a beneficiary, family member, spouse, or friend of the deceased, we can provide expert help with the rectification of a will.
Alternatively, if a will has been lost or destroyed, we can also provide assistance with getting the results that you need.
JMW’s team of expert solicitors will provide you with professional legal advice and practical support, both of which will be received in a timely and considerate manner. We are on hand to make the rectification process as stress-free as possible, as we understand that this can be a sensitive and difficult time for those involved.
If you are in need of a professional and understanding service to assist you with the rectification of a will, contact JMW’s dedicated wills disputes team today by calling 0345 872 6666, or simply fill in our online enquiry form to request a call back from us.
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How JMW Can Help
At JMW, our solicitors have considerable experience in application to rectify a will, and we accept instructions from a wide range of clients, giving them the positive results that they deserve. We have an excellent track record of helping people to rectify wills. We also offer advice to charities that are to be beneficiaries of a will on occasions where the will has been destroyed or lost.
We act in a sensitive and pragmatic manner to ensure that your queries are dealt with efficiently and that your needs are met and treated with discretion. Our team of experts are renowned for their professional approach, extensive knowledge and thorough understanding. We also work closely with our colleagues within the Wills, Trusts and Estate Planning department to make sure that our specialist advice is tailored to your circumstances.
Meet our team of will disputes solicitors
The team at JMW can assist with will rectification, providing expert legal advice to correct errors or ambiguities in a will.
Case study
Our Accreditations
Our solicitors have been awarded professional accreditation from favourable organisations and associations including:
- The Legal 500 - Who said that JMW are a “great team. Good legal knowledge and commercial approach to litigation. The team moves very quickly, and is very calm and knowledgeable.”
- Chambers and Partners High Net Worth Firms - JMW’s wills disputes team is described by an interviewee as a “professional, modern firm delivering expert advice”. Alison Parry is described as “one of the best litigators in Manchester” and her “strengths are her obvious expertise, her capability and her empathy”.
- The Association of Contentious Trusts and Probate Specialists (ACTAPS) - Membership to this association requires solicitors firms to meet certain criteria based on their performance in this line of work.
- Society of Trusts and Estate Practitioners (STEP) - Membership of STEP demonstrates our commitment to high professional standards and continued professional development, building the confidence, respect and trust of our clients.
- Special Interest Group for Contentious Trusts and Estates - Members of this group are focused on international trust and estate law while promoting best practice in the handling of contentious trust and estate disputes and trustee litigation.
What Errors can Lead Wills to Require Rectifying?
A claim for rectification can be made when a will does not carry out the testator’s intentions due to either a clerical error or the will writer’s failure to understand the testator’s intentions.
To get an error on a will rectified, the court will have to be satisfied that the proposed change is in line with the testator’s intentions, and that the errors were made by a professional or that the deceased’s intentions were misunderstood. If all of those involved with the process agree that this change should be made, the process may go ahead with minimal difficulty. However, issues arise when there is disagreement as to what the testator’s intentions were or the interpretation of the will. These applications are not straight forward and you should always seek professional legal help to mediate the process and work out what should be done.
There are occasions where, even with professional advice, a problem can still occur with a will. An example is the case of Marley v Rawlings (2014) that centred around a situation where a solicitor accidentally provided a married couple with the other’s will to sign and this error was not realised until the death of the surviving spouse. The Supreme Court concluded that the will was allowed to function as though it had been executed correctly on the basis that this was a clerical error made by the solicitor.
In cases where the person drafting the will does not understand the instructions given to them, it is also possible to make an application to the court to rectify errors within the will. This lack of understanding must be by someone other than the person giving instructions for the will, so in events where someone has drafted a ‘homemade’ will themselves and an error is made, the person who brings a claim cannot be successful in court when using the argument that the testator failed to understand instructions.
How to Rectify a Will
If a person decides to change their will after it has been executed, this should be done in the form of a new will or a codicil to their existing will. If someone has made handwritten amendments to their will after it has been executed, then, unless the document is re-executed as a will, these changes will have no effect. If you need to change the contents of your will, please contact our Wills, Trusts and Probate Disputes team who will help you make these changes officially.
However, if a will needs to be rectified after the death of the testator, help from professional solicitors may be required, as the approval of the court must be achieved.
If all parties agree that the will does not cover the testator’s intentions, it can be possible to vary the contents of the will by using a Deed of Variation. If the court does not agree to the rectification, and the error on the will was caused by the negligence of a professional solicitor, the beneficiaries may have to make a professional negligence claim against them. Visit our professional negligence claims page to learn more about how JMW can help with this.
FAQS
- If there is an error in the will, can I fix it?
This depends on how the error has occurred. If the will has been drafted by a solicitor and you believe that the will does not reflect the testator’s intentions because of a solicitor’s clerical error or misinterpretation, it could be possible to bring an application to rectify the will. In some circumstances, where the terms of the will are not clear, then an application to court for the court to determine the meaning of the will may be made. This is known as a construction application.
- What happens if a claim for rectification succeeds?
If a court grants an application for rectification to go ahead, the will is interpreted in accordance with the testator’s actual intentions, meaning that the estate will be distributed in accordance to their wishes as they were in the original will.
- Is there a time limit for making a claim?
Typically, applications to rectify a will should be brought within six months from when the Grant of Probate was issued. If there’s a delay in bringing the claim, the court will need to give permission for the claim to go ahead. Any reasons for a delay will be carefully considered before this permission is granted to decide whether they are valid or not.
Talk to Us
If you require assistance with rectifying a will or proving the existence of a will in your possession, contact our specialist team today for confidential advice and expert guidance. Contact us by calling 0345 872 6666 or request a callback by filling in our online enquiry form.