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Rectification of a Mistake in a Will

Mar 20, 2017
Daniel Winter advised Mrs A, the disappointed beneficiary and daughter of the deceased, with regard to an action for rectification of a will pursuant to Section 20(1)(a) of the Administration of Justice Act 1982 on the basis that the will contained a clerical error that caused her to lose a significant proportion of the beneficial interest in a property contrary to her father’s at the time the will was executed.

The claim required a studious and in depth analysis of the will, the will file and evidence of the will draftsman in addition to extraneous evidence of the deceased’s intentions such as diary entries. The executors of the Estate correctly took a neutral stance, but the other beneficiaries under the will who stood to benefit from the drafting error instructed a high profile national law firm who took an adversarial stance and resisted the claim on the basis that there was no error and the will reflected the deceased’s intentions.

Daniel advised Mrs A to persevere through the frequent occasions when she came under intense pressure to withdraw her claim. Ultimately through such perseverance and skilled legal argument the opposing parties reversed their opposition and ended up joining Mrs A in making the application for rectification by the consent of all affected parties, which was accepted by the Court. Daniel also successfully negotiated the refunding of all Mrs A’s costs from the will draftsman’s insurers.

Daniel Winter

About the author

Daniel Winter

Daniel joined Nockolds in 2009 and is a Partner in our Commercial and Property Litigation Team. Daniel has been practising as a qualified Solicitor for ...

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