> Experience > Our practices > Trust, estate and inheritance disputes > Mistakes in wills
Sometimes wills simply do not reflect what was intended. It can be because of a mistake in the drafting, a mistake in understanding instructions, or simply because the grammar or choice of words is confusing.
We have a long list of reported cases where we have successfully resolved disputes arising from mistakes in wills. We also possess considerable experience in bringing negligence claims in relation to these errors.There are two main ways to put right a mistake or clarify an ambiguity: rectification (known in the US as reformation) and construction. Rectification/reformation is allowed where there is either a clerical error (which is defined very broadly); or a misunderstanding of instructions. If this can’t be achieved, your only redress may be a negligence claim if the will was professionally drafted.
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 be brought on behalf of the executors.
With extensive practical knowledge of mistakes in wills and how to resolve them, we bring claims on behalf of executors, disappointed beneficiaries, individuals and charities seeking clarity. We also defend will-drafters accused of negligence.
Partner | London
Partner | London
Senior Associate | London
Senior Associate | London
Senior associate | London
Knowledge Lawyer | London
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