Mistakes in Wills

A well-drafted will is essential for ensuring that a person’s final wishes are respected and their estate is distributed as intended. Yet despite the importance of precision, wills can contain mistakes, some minor, others capable of triggering costly disputes. At Blackstone Solicitors, we help clients identify and resolve will-related errors with clarity and expertise.

At Blackstone, we always aim to provide the best service possible. Meticulous in our approach, we will make sure everything is dealt with as you wish and will keep you updated throughout the legal process, ensuring that you always know of any developments.

“I had a very pleasant experience with my appointments with Safia who was charming, friendly and professional.”

– Anne Lemon

Common Types of Mistakes

Will errors range from drafting oversights to more serious legal flaws, and they often fall into several categories:

Ambiguity in wording: Vague or contradictory phrasing can leave room for interpretation, leading to disagreements among beneficiaries.
Incorrect execution: Wills must be signed and witnessed in strict accordance with the Wills Act 1837. Deviations can render a will invalid.
Inaccurate beneficiary details: Misspelling a name or misidentifying a relationship (e.g., “nephew” instead of “great-nephew”) can cause confusion or exclusion.
Failure to revoke previous wills: If earlier documents aren’t properly revoked, they may still take legal effect, undermining updated instructions.
Outdated provisions: Life changes—like marriage, divorce, or the birth of children—can leave a will unfit for purpose if it’s not revised accordingly.

Legal Remedies and Disputes

When mistakes are discovered, especially after the testator’s death, legal options may include:

Rectification under section 20 of the Administration of Justice Act 1982, which allows the court to correct clerical errors or misinterpretations of instructions
Claims of lack of testamentary capacity or undue influence, if the will seems inconsistent with the testator’s intentions or circumstances
Construction proceedings to clarify ambiguous provisions

Disputes arising from mistakes can delay estate administration, increase costs, and strain family relationships.

Avoiding Mistakes at the Outset

The most effective way to prevent errors in a will is to seek professional legal advice. DIY wills or generic templates may seem cost-effective but often overlook crucial formalities and legal nuances. A solicitor ensures:

The document reflects the testator’s wishes accurately
Legal formalities are correctly followed
Potential future complications are anticipated and mitigated

At Blackstone Solicitors, we offer bespoke will-drafting services that combine technical legal accuracy with an understanding of personal and family dynamics.

Resolving Will Mistakes After Death

If a loved one’s will contains mistakes or questionable provisions, it’s essential to act promptly. Executors and beneficiaries should seek legal guidance before taking any steps to distribute assets. Our team can assist with:

Reviewing the will for validity and clarity
Advising on whether court intervention is appropriate
Supporting mediation and dispute resolution where possible

We approach these sensitive matters with discretion and determination, balancing the need for fairness with respect for the deceased’s wishes.

Our Approach

We place huge emphasis on getting things done properly and efficiently. This is especially true when providing legal advice on mistakes in wills and we have vast experience of this area of law. We take all of the necessary provisions to protect you, your family and your estate ensuring they are properly set out, fulfilling every aim and objective whatever your requirements may be.

Our Services

We can provide help with a wide range of matters relating to wills and inheritance disputes, including:

Get in Touch

Contact us today to discuss any matter relating to mistakes in a will. We can talk about your situation in-depth and get to the bottom of what you need and how we can help. We are here to answer any questions which you have, and we aim to make everything as simple for you as possible.

Our team is approachable and professional, and we will do everything in our power to help you get the outcome you need. Call us on 0330 808 0801 or, if you would prefer us to contact you, leave your details via our online enquiry form.

We offer our services to clients in Manchester, Chester, Cheshire and throughout the rest of the UK. We also have an office in London.