Wills are among the most important legal documents a person can create. They provide clarity, direction, and peace of mind regarding the distribution of assets after death. However, even the most carefully drafted wills can contain errors—whether due to oversight, misunderstanding, or changes in circumstances. When mistakes occur, they can lead to confusion, disputes, and unintended consequences for loved ones.
At Blackstone Solicitors, we regularly advise clients across England and Wales on how to address and correct mistakes in wills. This article explores the types of errors that can arise, the legal remedies available, and the steps involved in resolving such issues.
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Understanding Mistakes in a Will
Mistakes in a will can take many forms. Some are minor and easily rectified, while others may require court intervention. Common examples include:
- Typographical errors or incorrect names
- Misdescriptions of property or beneficiaries
- Ambiguous wording or unclear instructions
- Omissions of intended gifts or beneficiaries
- Failure to update the will after major life events (e.g. marriage, divorce, birth of children)
- Errors in execution, such as improper witnessing
The impact of a mistake depends on its nature and whether it affects the validity or interpretation of the will.
Can a Will Be Corrected After Death?
Yes, in certain circumstances, a will can be corrected after the testator’s death. However, the process is not straightforward and depends on the type of mistake and the legal grounds for correction.
There are two primary routes for correcting a will posthumously:
- Rectification under section 20 of the Administration of Justice Act 1982
- Construction or interpretation by the court
Each route serves a different purpose and involves distinct legal tests.
Rectification of a Will
Rectification is a legal remedy that allows the court to correct a will where it fails to carry out the testator’s intentions due to:
- A clerical error; or
- A failure to understand the testator’s instructions
This remedy is governed by section 20 of the Administration of Justice Act 1982 and is available only in limited circumstances.
What Is a Clerical Error?
A clerical error refers to a mistake made in the process of recording the testator’s instructions. Examples include:
- Typing the wrong name or address
- Omitting a gift that was clearly intended
- Including incorrect figures or dates
These errors are typically made by the person drafting the will (often a solicitor or will writer) and do not reflect the testator’s true intentions.
What Is a Failure to Understand Instructions?
This occurs when the person drafting the will misunderstands what the testator wanted and records something different. For example, if the testator intended to leave a specific property to a child but the will instead leaves it to a sibling due to a misunderstanding, rectification may be appropriate.
Time Limits for Rectification
An application for rectification must be made within six months of the grant of probate. The court may allow a late application in exceptional circumstances, but delay can weaken the case.
Evidence Required
To succeed in a rectification claim, the applicant must provide clear evidence of the testator’s true intentions. This may include:
- Draft versions of the will
- Correspondence between the testator and the solicitor
- Witness statements from those involved in the drafting process
- Notes or instructions given by the testator
The burden of proof lies with the person seeking rectification, and the court will only intervene where the evidence is compelling.
Construction and Interpretation of a Will
Where a will contains ambiguous or unclear wording, the court may be asked to interpret its meaning. This is known as a construction claim.
Unlike rectification, construction does not alter the wording of the will but seeks to clarify what the testator meant. The court will consider the language used, the context, and any relevant background information.
Common Scenarios
- A gift described in vague terms (e.g. “my house” when the testator owned more than one)
- Conflicting clauses that appear to contradict each other
- Unclear conditions attached to gifts
- Ambiguity in identifying beneficiaries
The court’s role is to give effect to the testator’s intentions as expressed in the will, using established principles of interpretation.
Mistakes That Invalidate a Will
Some mistakes are so serious that they may render the entire will invalid. These include:
- Failure to comply with legal formalities (e.g. not properly witnessed)
- Lack of testamentary capacity
- Undue influence or coercion
- Fraud or forgery
In such cases, the will may be set aside, and the estate distributed according to an earlier valid will or the rules of intestacy.
If you suspect that a will is invalid due to such errors, it is essential to seek legal advice promptly. Challenging a will is a complex and sensitive process that requires careful handling.
Correcting a Will During the Testator’s Lifetime
If the testator is still alive and has capacity, correcting a mistake is far simpler. They can:
- Make a new will that revokes the previous one
- Add a codicil (a formal amendment to the existing will)
- Review the will with a solicitor to ensure accuracy and clarity
It is generally advisable to create a new will rather than rely on codicils, especially if multiple changes are needed. A fresh will reduces the risk of confusion and ensures that the document reflects the testator’s current wishes.
Practical Steps If You Suspect a Mistake
If you believe a will contains a mistake, consider the following steps:
- Seek legal advice early: Time limits apply, and early advice can clarify your options.
- Obtain a copy of the will: Review the wording carefully and identify the specific error.
- Gather supporting evidence: This may include correspondence, draft documents, or witness statements.
- Consider mediation: If the mistake has led to a dispute, mediation may offer a quicker and less adversarial resolution.
- Prepare for court: If rectification or interpretation is required, be ready to present a clear and well-supported case.
How Blackstone Solicitors Can Help
At Blackstone Solicitors, we specialise in wills, probate, and contentious estate matters across England and Wales. Our experienced team provides clear, strategic advice tailored to your circumstances.
Whether you are seeking to correct a mistake in a loved one’s will, challenge its validity, or ensure your own will is accurate and legally sound, we are here to help. We combine technical expertise with a compassionate approach, recognising the personal and emotional dimensions of these issues.
Our services include:
- Reviewing and drafting wills
- Advising on codicils and amendments
- Representing clients in rectification and construction claims
- Handling disputes between beneficiaries
- Challenging invalid wills
We are committed to protecting your interests and ensuring that your wishes—or those of your loved ones—are properly respected.
Conclusion
Mistakes in a will can have far-reaching consequences, affecting families, finances, and legacies. While some errors are minor, others may require legal intervention to correct. Whether through rectification, interpretation, or drafting a new will, there are solutions available.
At Blackstone Solicitors, we provide expert guidance to help you navigate these challenges with confidence. If you are concerned about a mistake in a will, contact our team for a confidential consultation.
How we can help
We have a proven track-record of advising upon all aspects of private client work. We will guide you through the process and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
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How to Contact Our Private Client Solicitors
It is important for you to be well informed about the issues and possible implications of writing a Will. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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