A will is a binding legal document, which means that there can be serious consequences when mistakes are made either in drafting the document or in any of the provisions it contains. Minor errors can be easy to overlook, such as if you suspect that names or figures have been written incorrectly. Such mistakes - whether big or small - can have serious consequences for the person’s family, friends and other beneficiaries.
At Switalskis, we know how difficult these circumstances can be. We have the expertise to rectify errors within wills. This can often be done in a relatively straightforward manner with consent of all those affected. Howeve, there are strict time limits that apply to such actions and therefore, it is important that you seek legal advice without delay.
At Switalskis, our services start with a thorough understanding of your needs. During a free consultation, we'll discuss your situation in detail and work to understand exactly what you want to achieve, so that we can make sure we support you. Whatever the nature of the mistake or problem you're looking to address, we can advise you on the legal routes to a suitable resolution, explain what will happen if circumstances change, and seek evidence on your behalf that supports your legal stance.
We know that challenging a will or seeking to have it corrected can be legally complex and emotionally overwhelming at times. We'll take on the bulk of the legal responsibility, to reduce your stress and give you the time to focus on the things that matter. While it's important to act quickly when you have concerns about someone's will, our team can help to make sure you meet any relevant deadlines.
Ultimately, our solicitors aim to make sure that the final wishes of the person who died are respected and carried out per the terms of their will. We also want to make sure that any promises made before the person died are not overlooked due to misinterpretations of these crucial legal documents.
Mistakes in a will can sometimes be corrected after the person has died, but the specific nature of the mistake will determine whether or not it can be rectified, and what the process requires. Below, we've listed some of the ways that common mistakes in wills can potentially be addressed and resolved.
You may be able to apply to the court to rectify someone's will, a process that's governed by the Administration of Justice Act 1982. It's possible to correct mistakes if:
Applications for rectification must usually be made within six months of the grant of probate, although the court may allow late applications in certain circumstances. The law allows for extrinsic evidence to be entered if it will clarify ambiguities or to prove that the will does not accurately reflect the testator's intentions. This evidence can include the solicitor’s notes or other related documents.
If the mistake involves ambiguity in the wording of the will, the court may interpret the will based on available evidence, including the context in which it was written. Evidence may include correspondence with the solicitor or earlier drafts of the will, if any exist. The court's focus is on attempting to interpret the will's text on the basis of the natural and ordinary meaning of the words as far as possible.
If there are mistakes in the signing of the will, the document may be considered invalid. A will must be signed by the testator - the person making the will - and two witnesses, who must also sign. This is required to make the will legally binding. If there are errors in how this process has been carried out, there is a risk that the will may be invalid and is subject to being overturned.
In cases involving mutual wills or agreements between the deceased and another party, the court may intervene to enforce the agreement if the will does not comply with the contract. Some of the most common mistakes involve changing a will when there is already a document in place determining the legal position of a particular asset. Please note, mutual wills are not the same as mirror wills. Mirror wills are separate wills made by two people, typically a couple, that are identical or very similar. They reflect each other's wishes but are flexible, as either party can change their will independently without the other's consent. Mutual wills, on the other hand, involve a binding agreement between two people that their wills cannot be changed without the other's consent, even after one party passes away. After the first death, the surviving party is legally bound to honour the terms of the mutual will.
You should act quickly if you believe there are mistakes or errors in someone's will after they have passed away, and seek legal advice from a legal professional. Law firms that have a strong basis in probate matters, like Switalskis, can give you a realistic assessment of the likely outcomes based on each decision you might make, which can keep you informed as you choose how to proceed.
If the will was produced by a professional will writer, they may be able to clarify the deceased's wishes and intentions. At the same time, a clerical error or problem in how the will was drafted could be considered negligence on the part of a will writer. In such cases, you may also be entitled to make a professional negligence claim for compensation, which will cover the inconvenience of correcting the mistakes and may cover the legal costs associated with doing so.
At the same time, it's important to know that not all mistakes can be corrected. For example, if the mistake does not affect the testator's stated intentions, the court is unlikely to intervene. When you work with our experienced team, we can evaluate the circumstances and help you to understand what the potential outcomes would be, so that you can decide on the best course of action.
When someone passes away, finding out that you’ve been left out of their will - or that the contents don’t reflect what you were led to expect - can be deeply upsetting. For many, this concern only becomes real after the probate process begins and a copy of the will becomes available.
When you lose someone close, the last thing you expect is to become involved in a legal dispute over their estate. Yet for many families, inheritance disputes arise unexpectedly in these circumstances. It may be because a will seems out of character, incomplete or improperly executed. You may be worried the document doesn’t reflect the deceased’s wishes, or that a loved one was pressured into signing something under undue influence.
Even if you have genuine concerns about whether or not a will reflects the deceased person's wishes, the law in England and Wales sets out strict rules about who can bring a claim, and what circumstances can give rise to a valid challenge. If you are in this position, you might be worried about whether you have any rights at all, or whether taking action will only make things harder. However, understanding how the process of challenging a will works is the first step towards deciding what legal steps you can take next.
We examine proposed Wills Act reforms and the risk they may increase probate disputes. Key changes, like electronic wills and reduced formalities, could lead to confusion over testators’ intentions.
After a person dies, their will is often the only document you'll have that explains their intentions for their estate. This can include gifts to loved ones, financial structures to manage inheritance, donations to charity and other emotive subjects. That's why, when there are errors or ambiguities in a will, it can make the person's true intentions difficult to interpret and leave both executors and beneficiaries in a complicated situation. That's why Switalskis is committed to the following core tenets in resolving these disputes.
The estate administration process is often complicated, especially when poor drafting or other common mistakes make a will difficult to interpret. At Switalskis, our experienced contentious probate and inheritance disputes team can deliver expert advice and help you to follow the necessary legal processes to correct or interpret a will in compliance with the law. We'll break down the legal terms, answer any questions and give you the confidence to make any necessary decisions.
There are more than simple legal concerns when a mistake or clerical error casts doubt on the deceased's wishes - it can also lead to emotional challenges. This can be worse when friends, family members and other beneficiaries fall into dispute. This is why Switalskis prioritises listening to and understanding your needs. We can advise you on minimising conflict and pursue the outcome you want to achieve in the way that works best for you.
Over many years of experience in this area, we've developed our ability to interpret wills effectively and successfully apply to the court to correct mistakes. Whether it means looking for an original copy of an earlier existing will for clarification, or interpreting the text according to the rules of the court, you can trust in our strong track record of success. We'll apply our knowledge to secure the best possible outcome for you.
A will is a legal document that must be followed correctly. This means that as a beneficiary, or as a spouse, civil partner or child of the deceased, you have rights that must be upheld. Switalskis will fight to uphold your rights at all stages of the legal process and aim to deliver a legally compliant resolution to any disputes or areas of confusion.
For guidance on interpreting a will, identifying mistakes and resolving them through legal avenues, contact the experts at Switalskis today. We can help to verify whether a will is valid, remove ambiguities from estate administration and make the process less time consuming.
Call on 0800 1380 458 or , or send us a message through our website.
