A court may make an order to rectify a Will to carry out the intentions of a will maker, if the court is satisfied that the Will does not carry out the will maker’s intentions because:
- a clerical error was made; or
- the Will does not give effect to the will maker’s instructions.
An applicant must apply to the court within six months from date of grant of probate for such rectification, although under the Wills Act 1997 (as amended) the court has discretion to extend time provided that the final distribution of the estate has not been made.
Pearce Webster Dugdales are experienced in this area and are qualified to provide advice to you.