Mistake in Will or Improper Administration

What to do if a Will is poorly drafted, there is a mistake or improper administration?

Where a Will does not reflect the deceased’s wishes, or where an estate is not properly administered, you may be able to claim.

Some of the most common issues arise where Wills do not reflect the deceased’s wishes, or when an estate is not properly administered. Quite often, these mistakes are not realised until after the person making the Will has died.

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There are three main ways to deal with poorly drafted Wills, mistakes in Wills and improper administration:

Rectification

An application can be made to court to put right a clerical error or failure by a solicitor or will writer to understand a person’s wishes.

Construction Summons

When the terms of a Will are not clear, then an application to court for the court to determine the proper interpretation of the Will may be made.

This is a relatively straight-forward application to court, but all parties to the Will and all parties affected by the court’s decision will need to be made part of the application.

A construction summons can be brought prior to, or as part of, a professional negligence claim.

Professional Negligence Claim

Often, mistakes in Wills and improper administration of an estate come about as a result of negligence by a solicitor or will writer.

It may be necessary to make a professional negligence claim against the solicitor or will writer.

A claim may be made by a disappointed beneficiary (i.e. someone who doesn’t inherit, but had the Will been properly drafted, would have inherited).

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