Rectification of a will

 
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Sometimes, even when you think you’ve put all the proper paperwork in place, things can go wrong. On those occasions, we’re here to help put things right.

Bob* was an elderly gentleman with two grown-up children when his wife, Clarrie*, passed away. Some years before, the couple had asked a solicitor to prepare ‘mirror wills’ for them. They wanted to protect their property in the event that whoever was left behind required residential care.

Unfortunately, a mistake was made in the drafting of these documents and Clarrie’s will did not reflect her wishes.

The law

It is possible to correct a will under the Administration of Justice Act 1982 if a clerical error is made or there has been a failure to understand what you intended to happen after your death.

What happened next?

We obtained the original file from the solicitor responsible for drafting Bob and Clarrie’s wills. That provided very clear evidence of their wishes and showed that a clerical mistake had been made which meant the will failed to carry out her wishes.

The intended beneficiaries of the estate gave their consent for the will to be rectified and the court ordered that the changes could be made so it reflected just what Clarrie wanted.

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