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Defining the United Kingdom

15 November 2018 / Paul Hewitt , Paul Hewitt
Issue: 7817 / Categories: Features , Wills & Probate
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​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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MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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