How to Rectify Errors in a Will After Death 

Discovering a mistake in a will after someone has died can be deeply frustrating—especially when the error means the estate won’t pass as the deceased intended. Perhaps a beneficiary’s name was misspelled, a property address was wrong, or a crucial gift was left out entirely. 

The good news is that the law provides a mechanism to correct errors in a will after death, but it’s a legal process with strict time limits and specific requirements. 

This guide explains how to rectify errors in a will after death in England and Wales, the grounds on which rectification is available, and what happens if you miss the initial deadline. 

Can a Will Be Rectified After Death? 

Yes, a will can be rectified after death in England and Wales under section 20 of the Administration of Justice Act 1982 by a court order. 

Rectification is an equitable remedy. This means the court uses its discretion to correct a written will so it accords with the testator’s proven intentions. Rectification is limited in scope. It is not a general power to improve, modernise, or rewrite a will. The court can only correct errors in recording the testator’s instructions at the time they signed the legal document. 

On What Grounds Can a Will Be Rectified? 

Section 20(1) of the Administration of Justice Act 1982 limits rectification to two main categories: 

1. Clerical error 

2. Failure to understand the testator’s instructions 

The court will look for clear evidence of the testator’s instructions at the time the will was executed. This might include: 

• Attendance notes from meetings with the solicitor 

• Earlier drafts of the will 

• Letters or emails with the will-writer 

• Written instructions signed by the deceased 

Dissatisfaction or perceived unfairness by a beneficiary is not enough. The claimant must show that the will, as drafted, does not reflect what the testator intended—and they must prove what the correct wording should be. 

Clerical Error 

A clerical error is essentially a slip or mistake in the process of recording or copying the testator’s instructions. It is often mechanical in nature—what the courts have described as part of “office work.” 

Common examples include: 

Type of Error	Example
Transposed names	Mixing up “John” and “James” as beneficiaries
Wrong address	Writing “21 Acacia Avenue” instead of “12 Acacia Avenue”
Pasted wrong clause	Including a clause from another client’s will
Omitted gift	Leaving out a specific bequest that was clearly instructed
Signing error	Executing the wrong version of a document

In the leading case Marley v Rawlings (2014), a husband and wife (Mr and Mrs Rawlings) accidentally signed each other’s mirror wills in 1999. Their solicitor had prepared identical wills for them to sign—but somehow, each spouse signed the will intended for the other. 

Mrs Rawlings died in 2003. When Mr Rawlings died in 2006, the error was discovered. The Supreme Court held this was a clerical error within section 20 and ordered rectification. The will was treated as if Mr Rawlings had signed the correct document intended for him. 

Following Marley, “clerical error” is interpreted broadly—not just as a typist’s mistake, but any error in recording or transferring instructions into the will text. 

Failure to Understand the Testator’s Instructions 

This ground applies where the person drafting the will—whether a solicitor, a will-writing firm, or even a friend helping with a homemade will—misunderstood or failed to give effect to clear instructions. 

Example scenario: 

The testator instructs that “my business in Manchester should go equally to my two adult children.” However, the drafter mistakenly leaves only “my shares in X Limited” when other business assets are held personally. The will omits part of what was intended. 

How to Make an Application for Rectification 

Applications are made under section 20 of the Administration of Justice Act 1982 either by the executor named in the will, or by a beneficiary whose entitlement is affected by the alleged error. They are usually issued in the High Court (Chancery Division) or the specialist County Court list handling probate, following the Civil Procedure Rules (CPR Part 57). 

Other interested parties—including other beneficiaries and family members—must be joined as parties or at least served with the claim. 

What Evidence Is Needed? 

The claim form should be supported by detailed witness statements, including attendance notes from the will writers, signed instruction form from the testator, previous draft wills etc.  Evidence from the solicitor or professional who drafted the original will is often crucial. They may be required as a witness even if they are not a party to the proceedings. 

The Six-Month Time Limit 

The law is clear: an application “shall not, except with the leave of the court, be made after the end of the period of six months from the date on which representation with respect to the estate was first taken out.” 

This means six months from the date on the grant of probate—for example, if probate is granted in January 2024, the deadline is July 2024. 

What If the Application Is Not Made Within Six Months? 

Missing the initial six-month deadline under section 20(2) does not automatically bar a claim. However, the court’s permission is then required. 

When deciding whether to grant permission for a late application, the court will consider: 

• Length of the delay – How far past six months? 

• Reasons for the delay – Was the mistake only discovered later? 

• Estate distribution – Has the entire estate already been distributed? 

• Prejudice to beneficiaries – Have people relied on the existing distribution? 

In the case Austin v Woodward (2011), the rectification application was issued well after the six-month period. The mistake had only become apparent during estate administration. 

The court allowed the late rectification claim, emphasising that: 

• The overriding objective of the Civil Procedure Rules supports doing justice 

• The error was genuine 

• Evidence of the deceased’s wishes was strong 

• Allowing the claim would give effect to the testator’s true intentions 

However, late applications are discretionary and uncertain. The court has legal authority to refuse permission, particularly if: 

• The delay is excessive 

• The estate has been fully distributed 

• Allowing the claim would cause significant prejudice to beneficiaries who acted in good faith 

A Warning for Executors 

Executors who distribute the whole estate before a potential late rectification claim is resolved risk personal exposure. If the court later alters the terms of the will, the executor may need to recover assets from beneficiaries—or face personal liability. 

Can Court Proceedings Be Avoided? 

Where the will is valid but its effect is unpopular or arguably unfair—and no rectifiable “error” can be shown—beneficiaries may still choose to vary the outcome without going to court. 

Deed of Variation 

If all affected beneficiaries are: 

• Adults (18 or over), and 

• Have full mental capacity, and 

• All agree to the change 

…they can sign a deed of variation to redistribute the estate differently from the terms of the will. 

Limitations of Deeds of Variation 

A deed of variation cannot be used to: 

• “Rectify” the will in the legal sense under section 20 

• Change the identity of executors (you cannot achieve an executor change this way) 

• Fix issues of will validity (if the will wasn’t witnessed correctly, for example) 

It is a tool for consenting adults to voluntarily redistribute their inheritance —not a substitute for rectification. 

Rectification vs Variation: The Key Difference 

Retificação	Deed of Variation
Enforces the testator’s true original intention	Reflects the living beneficiaries’ current wishes
Requires court order	Consensual—no court involved
Must prove mistake and what was intended	All affected parties must agree
Applies retrospectively from death	For tax reasons, treated as made by deceased if done within two years

If the issue is genuinely a mistake in recording what the testator instructed, seek legal advice about rectification first. If everyone simply wants a different outcome, a deed of variation may be more appropriate to resolve disputes without litigation. 

Next Steps 

If you believe a will contains an error that doesn’t accurately reflect what the person who died intended, time is critical. The six-month deadline runs from the date on the grant of probate—not from when you discover the problem. 

Whether you’re an executor uncertain about how to progress with the estate administration, or a beneficiary who believes the will fails to carry out the deceased’s wishes, acting quickly is essential. 

Our Private Client team can help assess your circumstances, review the evidence, advise on whether rectification is viable, and help you navigate the court process—or explore whether a deed of variation might achieve the outcome you need without contested proceedings. Please do not hesitate to get in touch with our Private Client department: privateclient@rfblegal.co.uk.