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15 November 2018 / Paul Hewitt , Paul Hewitt
Issue: 7817 / Categories: Features , Wills & Probate
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Defining the United Kingdom

​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

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Signature Litigation—Catherine Naylor

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Morgan Lewis—Paul Feldberg

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NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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