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Rectification

Also known as: Will Correction, Will Amendment

Definition

Rectification is a court-ordered correction to a will that doesn't express the testator's intentions due to clerical errors or misunderstanding of instructions during drafting.

Discovering an error in a loved one's will during an already difficult time can be distressing, but rectification provides a legal remedy when mistakes prevent a will from reflecting what the deceased actually intended.

What Does Rectification Mean?

Rectification is a legal remedy that allows a court to correct a will that fails to express what the testator actually intended. Under Section 20 of the Administration of Justice Act 1982, rectification is available when a will doesn't carry out the testator's intentions because of either a clerical error or the will drafter's failure to understand instructions. A "clerical error" is broadly defined—it includes typing mistakes, using wrong names or amounts, or administrative errors like having the wrong person sign the will. Following Marley v Rawlings in 2014, clerical error now covers "office work of a relatively routine nature," which significantly widened what can be rectified.

You must apply to court within six months of the grant of representation being issued. If you miss this deadline, you'll need the court's permission to make a late application. The court requires clear evidence of the testator's actual intentions, typically from the solicitor's file notes, draft wills, or witness statements. This is a discretionary remedy—the court can grant or refuse rectification based on the evidence. For example, David instructed his solicitor that his nephew James should receive £50,000 from his estate. However, due to a typing error, the will stated £5,000. After David's death, James applied for rectification within four months of probate, and the court ordered the will to be amended to state £50,000.

Rectification has important limitations. It cannot fix execution errors—if a will wasn't properly witnessed or signed, rectification won't save it from being invalid. You can't use rectification to add provisions the testator simply forgot to mention or never instructed their solicitor to include. Rectification is distinct from a deed of variation, where beneficiaries voluntarily change the estate distribution, and from will construction, where the court interprets ambiguous wording without changing words. The key difference is that rectification allows the court to consider evidence outside the will itself to understand what was actually intended.

Common Questions

"How long do I have to apply for rectification of a will?" You must apply within six months of the grant of representation being issued. If you miss this deadline, you'll need court permission to make a late application, which is not guaranteed.

"What's the difference between rectification and a deed of variation?" Rectification corrects drafting errors where the will doesn't express the testator's intentions. A deed of variation allows beneficiaries to voluntarily change estate distribution after death. Rectification requires court approval and evidence of error, while deeds of variation need beneficiary agreement.

"Can rectification fix a will that was witnessed incorrectly?" No, rectification cannot fix execution errors like incorrect witnessing. It only covers clerical errors and failures to understand instructions—not problems with how the will was signed or witnessed.

Common Misconceptions

Myth: Rectification can be used to rewrite a will to include things the testator forgot to mention.

Reality: Rectification only corrects wills where the testator gave specific instructions that weren't properly recorded or were misunderstood. If the testator simply forgot to include a gift or never instructed the solicitor to add it, rectification cannot help. The court must have evidence that the testator actually intended something different from what the will says.

Myth: If everyone agrees what the testator meant, we don't need to go to court for rectification.

Reality: Rectification requires a formal court order under Section 20 of the Administration of Justice Act 1982. Even if all parties agree that the will contains an error, you still must apply to court. The court needs to be satisfied based on evidence that the will fails to express the testator's intentions due to clerical error or misunderstanding.

  • Will Validity: Rectification addresses incorrect expression of intentions but cannot make an improperly executed will valid.
  • Clerical Error: One of two statutory grounds for rectification, broadly defined to include office work of a routine nature.
  • Court Order: Rectification requires a formal court order even when all parties agree about the error.
  • Deed of Variation: A different remedy where beneficiaries voluntarily change estate distribution after death.

Need Help with Your Will?

Avoid costly rectification claims by creating an accurate will from the start. Rectification applications can cost thousands in legal fees and must be made within strict six-month deadlines.

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.