The court has the power to rectify a will where it does not properly reflect the true intentions of the testator (the person who made the will). Rectification may be granted where the court is satisfied that the will contains either:
- a clerical error; or
- an error arising from a failure to understand the testator’s instructions
If, however, the will drafter misunderstood or misapplied the law, rather than the testator’s instructions for the will, this may give rise to a potential claim for professional negligence where a loss has been suffered.
An application to rectify a will must usually be made within 6 months of the grant of probate. In limited circumstances, the court may allow an extension of this time limit. If you have any concerns, it is therefore important to seek legal advice as soon as possible.
If you would like to discuss this further please do not hesitate to contact us or request a callback.
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