Though it is not extremely common, it does happen that Wills,
even those prepared professionally, contain mistakes or errors.
When those are discovered only after the testator passed away, this
can cause serious problems to expectant beneficiaries. There
are two central issues with respect to errors or mistakes in Will
drafting. Firstly, can they be corrected? Secondly,
what should have been expected from the lawyer or other person who
was drafting the Will and can there be a claim in professional
negligence against them?
Rectification
If a mistake in a Will has an adverse impact, then an
application to the court can be made to rectify the Will. The
application must be made within six months of probate being
granted. The application is made under the Administration of
Justice Act 1982. A Will can be rectified if the court is satisfied
that the mistake or error is a result of a clerical error, or a
failure to understand the instructions of the testator by
