Correction of Legal Documents
Sometimes Wills and other documents do not make sense either because they have been drafted incorrectly or there has been a clerical error in the preparation of the document.
In some case it may be possible to ask the Court to interpret and construct the terms of the document so that it is workable. In other cases it may be possible to ask the Courts to correct or rectify the document.
Rectification and Wills
Rectification is a remedy that allows the Court to correct a document, which does not accurately reflect the true intentions of the parties to it.
In relation to Wills the Courts can correct a Will that fails to carry out the testator’s intentions as a result of a clerical error or a failure to understand the instructions that have been given.
It is therefore necessary to obtain full details of the instructions given when the Will was made at a very early stage and we can assist in obtaining the details from the Solicitors/Will writers who prepared the Will.
Claims for rectification of Wills need if possible be made within six months of the issue of a Grant of Probate being issued it is therefore important if you feel that a Will has incorrectly prepared that you seek advice as soon as possible.
Rectification of other documents
The Courts have an inherent jurisdiction to rectify documents that do not reflect the true intention of the parties and in some cases important testamentary documents such Trust documents, Deeds of Variation or other agreements can be rectified.
If you think that a document that has been prepared does not reflect the true intentions of the parties you should seek advice on the document at an early stage as there may be strict time limits that have to be complied with.