Will Rectification and Construction
We also have expertise with various other options for contesting a Will, including:
Will Rectification and Construction
A Will can only be considered valid if no clerical errors were made and the testator’s intentions were not misinterpreted. A challenge to rectify a Will could be submitted if a mistake is made during its construction, which is a matter our contentious probate solicitors can support you with.
At Tinsdills Solicitors, our team has experience in addressing and resolving a wide range of legal disputes. When instructed, we can review your situation and assess the merits of contesting Will rectification and construction. We will take you through the entire process of making or defending a Will rectification claim, ensuring you have the right legal support for your situation.
We have strong negotiation skills which we use to resolve any potential disputes or disagreements with little disruption, wherever possible. We always prioritise understanding your matter in detail and using this to tailor our approach to how we reach a resolution. If court proceedings become necessary, then we can provide representation and advice throughout that process.
Our team also have a wide range of expertise in other matters related to contested Wills, Trusts and Probate. Find out more about these services here.
To discuss contesting Will rectification and construction with one of our contentious probate solicitors in Hanley, Leek, Newcastle-Under-Lyme or Sandbach, please call 01782 652300 or use the enquiry form on the right hand side of the page.
Our Expertise with Contesting Will Rectification and Construction
If you have been left out of a Will, or you have not received the provisions you previously expected, it may be possible to contest the Will. One such method of contesting the Will would be to bring forward a claim that a genuine clerical error was made during the construction of the Will, or that there was a failure to understand the testator’s instructions. If either of these are true, then there may be sufficient grounds to rectify the Will.
A clerical error or misunderstanding may well have taken place if the terms of the Will contrast with the deceased’s previous wishes, or unexpected changes have been made to the Will without anyone’s prior knowledge.
Our contentious probate solicitors can work alongside you to carefully investigate the circumstances surrounding the construction of the Will, and what may have led to an error taking place during its construction. Developing a robust case for why the Will should be rectified, we will review all relevant evidence to illustrate exactly where mistakes occurred.
If you are the beneficiary of a Will that is being contested by someone who is seeking a rectification, this can be an understandably stressful situation, especially if it could result in you being omitted from the Will. Our contested Wills solicitors can support you in upholding the terms of a Will, establishing the facts of the matter and that no mistakes were made.
When instructed, we will review all of the necessary evidence surrounding the Will Illustrating that no mistakes were made when the Will was created and that the testator’s wishes were clearly understood and upheld.
Get in Touch With our Contested Will Solicitors Today
Do you want to discuss a contested Will case? We have expertise in this area and more.
With a dedicated team on hand to take you through every step of the process, you can rest assured that we will provide you with the best chance of getting the outcome you deserve.
Will Rectification and Construction FAQs
The grounds for the rectification of a Will are set out under Section 20 of the Administration of Justice Act 1982.
A Will can be rectified if:
- A clerical error was made
- There was a failure to understand the testator’s intentions
A ‘clerical error’ is defined as an error which is made in the process of recording the intended words of the testator.
Proving that a clerical error was made, or that the testator’s wishes were not correctly interpreted, can be a complex process, but it is certainly possible. Successfully doing so will heavily depend on collecting evidence which indicates that testator’s genuine wishes are not reflected in the Will.
For example, this may include reviewing notes that have been made by the testator in relation to their Will, as well as the file of the solicitor or relevant professional’s file.
If it can be demonstrated that a mistake was made during the creation of the Will, the court will then make a ruling as to the true intentions of the testator and the estate will be distributed in accordance with those true intentions.
It is important to note that there are strict time limits in place for an application for rectification. Such an application must be brought within six months of the date when a Grant of Probate was first issued. Any claims which are brought after this period will require the permission of the court.
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