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Mistake in Wills

Posted by: admin    Tags:      Posted date:  October 13, 2011

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In Wills, there are three possible ways in which a mistake may occur:

1. The wrong document might be executed (ie. Signed) by the person making a will, who is called the testator;

2. The testator may be mistaken in believing that certain facts exist and this mistaken belief may affect his motives for making certain provisions in his will;

3. The testator may be mistaken as to the effect of certain provisions in his will or about his will as whole.

The Court has some power to alter words in a will but only in three very limited situations:

1. It may omit any words from a will which the testator did not know of and approve;

2. In certain, limited circumstances legislation permits the court to order a will to be changed so as to carry out the intention of the testator;

3. Where it is clear from a will that a mistake has been made in its wording and it is also evident what the intended wording was, the Court may interpret the will as if certain words were inserted, removed or changed.

We would recommend, if you have made a will, that you review it carefully to make sure you are still happy with the contents and no mistakes have been made. If you have not made a will, then we would advise you to make one as soon as possible. Please contact us if you would like advice and assistance from one of our solicitors in our Wills department.