Paul Hewitt reports on how to resolve mistakes & ambiguities in wills & the fallout from a geographical error
- Mistakes and ambiguities in wills are common. Such issues can usually be resolved with a minimum of drama, but sometimes, court intervention is required .
Sometimes a will does not reflect what the testator intended. This could be because of a mistake in the drafting, a mistake in understanding instructions, or simply because the grammar or choice of words is confusing. These mistakes usually only come to light when it is too late for the testator to correct them, because he or she has passed away. It is left to the competing beneficiaries to then argue as to what was intended and, in the more intractable situations, ask a judge to determine.
There are two main ways to resolve an ambiguity or put right a mistake in a will: construction and rectification. The usual way to resolve ambiguity is through a ‘construction application’, which asks the court to decide what the words in the will mean. These invitations to the court can sometimes
