Rectification of Wills

People make mistakes and sometimes that extends to mistakes being made in a will.  Usually the mistake is only found after the will maker has died.

If this happens – what can be done about it?

Section 27 of the Succession Act, 2006 may hold the answer.  It states:-

27 Court may rectify a will

(1) The Court may make an order to rectify a will to carry out the intentions of the testator, if the Court is satisfied the will does not carry out the testator’s intentions because:

(a) a clerical error was made, or

(b) the will does not give effect to the testator’s instructions.

(2) A person who wishes to make an application for an order under this section must apply to the Court within 12 months after the date of the death of the testator.

(3) However, the Court may, at any time, extend the period of time for making an application specified in subsection (2) if:

(a) the Court considers it necessary, and

(b) the final distribution of the estate has not been made.

However, it is not enough simply to prove that the will fails to carry out the testator’s intentions.  It is also necessary to provide evidence of what the testator’s actual intentions were.

The laws regarding rectification of wills is technical and specialised legal advice is required.  If you find yourself in this situation, you should contact Willis & Bowring for specialist advice.