Need to rectify a mistake in a Will?

If the court determines that the Will doesn’t fulfil the testator’s wishes due to a clerical error or a misunderstanding by the person who drafted it, we can help rectify the situation.

However, rectification is not an automatic remedy, it is a discretionary remedy.  The court will require strong evidence of the testator’s intentions before the remedy will be granted, and the person claiming rectification has the evidential burden of proving the testator’s true intentions.

So what is a clerical error and what amounts to a misunderstanding of the testator’s instructions?

Clerical errors are;

  • Simple mistakes that led to incorrect clauses being added or omitted from a Will.
  • They can happen in both professionally drafted and homemade Wills.

With misunderstood instructions:

  • You need to show what the testator intended and prove that the final Will doesn’t reflect those intentions.
  • Example: If the testator meant to leave a property to Person A but it mistakenly went to Person B, rectification can correct this.

It is important to act quickly because an application for the remedy of rectification should usually be made no later than the end of the period of 6 months from the date on which a grant of representation is first taken out.

We provide advice for both opposed and unopposed rectification applications, as well as potential negligence claims by beneficiaries who may not receive what was intended due to a failure to understand the testator’s wishes.

Contact one of our team today to see how we can help.

Inheritance Disputes

Lead Team Contacts

Dispute Resolution

News & Insights

See all latest news

  • Money and calculator

    Trustees and costs: when can the trust pay the bill?

    October 8, 2026

    A recent High Court decision provides a useful reminder about who pays the legal costs when a trustee ends up in court o

  • last will and testament with pen

    Can a Will be challenged that has been properly written and signed?

    October 8, 2026

    The High Court’s decision in Elliott v Bateson [2026] EWHC 2440 (Ch) is a useful reminder that even a Will drawn up by a

  • Will, Money, house

    Late inheritance claims: why acting quickly could make or break you case

    August 5, 2026

    If you think you may have been unfairly left out of a Will, time is not on your side. A recent High Court decision is a

  • Probate Property

    The Real Cost of DIY Probate: Why It Pays to Get Help

    July 15, 2026

    Losing a loved one is difficult enough without the added stress of managing their legal and financial affairs. This proc

  • The Association of Lifetime Lawyers: 30 Years of Supporting Those Most in Need

    June 25, 2026

    Our clients often come to us at significant moments in their lives: making a Will, planning for later life, putting in p

  • What happens if there is a missing beneficiary after somebody dies?

    June 4, 2026

    If the executors or administrators of an estate cannot find a beneficiary, it can complicate matters. We look at how to

See all latest news

Dispute Resolution offices

Contact Us

9 Poole Road
Bournemouth
Dorset
BH2 5QR
01202 377800