The Interpretation or Rectification of a Will

In certain circumstances, questions may arise as to the true meaning behind the wording of a will. It may also be unclear as to whether a will records the testator’s actual intentions and the instructions he or she gave to the draftsman who prepared the document. If this happens then we can advise on the remedies available to resolve the uncertainty.

The Court has the power to intervene where the meaning of a will is unclear due to a mistake or poor drafting. There are a number of relevant factors which the Court will take into account to identify the proper meaning of the words in the will including the facts known or assumed to have been known by the testator at the time the will was made.

A claim for rectification of a will can only be made in certain circumstances which include when there has been a clerical error made or a failure to understand the testator’s instructions. The application must be made within 6 months of the date on which the grant of probate is issued or the Court will need to grant permission for the claim to proceed. This makes it very important to progress matters promptly if at all possible although we can assist if the time period has passed and an application needs to be made out of time.

Depending on the outcome of a claim relating to the construction or rectification of a will, it may be necessary for a disappointed beneficiary to consider pursuing a claim in professional negligence against the person who drafted the will. This should be a last resort but we can guide you through the process if a will cannot be rectified using the methods set out above.