Interpretation Of The Terms of Wills

If a loved one has passed away and their Will contains errors or is unclear, we understand how this can cause tension and disputes between family members.

Wills are not always easy to understand, so it’s important to get specialist advice if you’re dealing with one that isn’t clear, or if you think a mistake has been made.

You should seek professional legal advice if you believe that:

The Will writer made a mistake – If the person who drafted the Will didn’t understand the deceased’s wishes, the Will won’t reflect how they wanted their estate to be distributed. In this case, you may be able to make a claim against the Will writer. For more information, see our Professional Negligence page.
There has been a clerical error – This includes spelling mistakes and errors in recording numbers. It also includes factual errors made in the Will.

Mistakes such as these can cause disputes between family members who believe that they have not been fairly provided for. There may also be disputes with executors over the true intention of the Will.

If the Will contains a mistake, speak to us about how to get it corrected. With evidence of the mistake and the deceased's intended meaning, we can apply to the court for changes. This process is called rectification.

You may also be involved in a dispute due to unclear wording in the Will. If you can't come to an agreement with other beneficiaries and the executor on the meaning, we can help you apply to the court to interpret the Will. This process is called construction.

We know that this will be a stressful time for you. Our Will, Trust & Estate Disputes team is the largest in the country, so we have the experience and expertise to help you reach a positive resolution. We are particularly good at dealing with complex cases and those involving significant assets.

If you’d like advice about an unclear or inaccurate Will, we’re here to help. Call us today on 0345 604 4895, or fill out our online contact form and we’ll call you back.

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Interpretation Of Wills - More Information

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Frequently Asked Questions

What's The Claims Process?

This depends if you, the other beneficiaries and the executor agree that there’s an error in the Will, or an issue with its meaning.

If you agree that there’s an error or mistake in the Will, we can help you make a joint application to the court or probate registry. If you can’t agree, we’ll help you make a contested application in the High Court.

If you disagree on the meaning of the Will, we’ll help you apply for the court to interpret it. In some cases you can avoid this, and use the interpretation of a barrister instead.

Our team of experts are here to help you. We’ll work to deal with any concerns you have, and fight for your interests to achieve the best possible outcome.

If you’d like more information, call us today on 0345 604 4895, or fill out our online contact form.

Are There Any Time Limits?

You should apply for a Will to be corrected within six months of the grant of representation being issued. If you want to make a claim after that, you’ll need to get permission from the court.

It’s sometimes possible to correct the error without applying to the court, by using a deed of variation. Ideally, you should do this within two years of the death of the person who made the Will.

If you’d like more information, call us today on 0345 604 4895, or fill out our online contact form.

Why Choose Irwin Mitchell?

Our national team of lawyers specialise in Wills, Trusts and Estate Disputes. We have a wealth of experience in the wide range of disputes that can arise.

We have expert lawyers based in offices nationwide. The team also has significant experience in advising clients where there is an international element to the dispute, such as:

The deceased owning assets outside of the UK
Advising clients who live overseas
Dealing with international trust disputes.

As a top five UK Private Wealth law firm, we work closely with our Tax, Trust and Estates team and we can draw on their significant expertise in tax, wealth planning, the administration of estates and estate planning.

Call today on 0345 604 4895 or fill out our online contact form and we’ll call you back.

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