Rectification Claims where a Will is erroneous

Applications can be made to the court to rectify errors in a Will in circumstances where:-

1. there is a clerical error in the Will or

2. when drafting the will, the lawyer did not understand the testator’s true intention.

Such applications must be made to the Court within 6 months from when the grant of representation is obtained. The court will only grant an extension of time in limited circumstances and therefore it is important to seek legal advice without delay.

For a rectification claim to succeed, the Court will require strong evidence that the Will is not drafted in the way that the testator had intended.

Where an action to rectify a Will is successful, there may be grounds to pursue a professional negligence claim against the solicitor who drafted the Will.