Mistake in a Will or Improper Administration

Q: What counts as a mistake in a Will?

A mistake may include drafting errors, unclear wording, missing provisions, or instructions not being properly recorded. In some cases, the court can correct these errors if strict legal criteria are met.

Q: Can a Will be corrected after death?

Yes, but only in limited circumstances. An application for rectification must usually show that the Will failed to reflect the deceased’s intentions due to a clerical or drafting error, and strict time limits apply.

Q: What if an executor has made a mistake?

Executors are personally responsible for carrying out their duties properly. If errors occur, they may be required to correct them or, in serious cases, face legal action.

Q: Is court action always necessary?

No. Many issues can be resolved through correspondence or negotiation. Court proceedings are generally a last resort where agreement cannot be reached.

Q: Are there time limits for bringing a claim?

Yes. Time limits vary depending on the type of claim, so it is important to seek advice as early as possible to protect your position.

Q: Can beneficiaries be compensated for mistakes?

In some cases, beneficiaries may be entitled to compensation, particularly where professional negligence or breach of duty can be established.

Mistakes in a Will or errors made during estate administration can cause confusion, delay and real distress for those left behind. At Mullis & Peake, we help families understand whether something has gone wrong, what the legal consequences may be, and how matters can be resolved calmly and proportionately. Our Wills and Probate team provides clear, plain-English advice at a time when certainty matters most.

Make a confidential enquiry

Is there a mistake in the Will or how the estate is being handled?

When you are dealing with bereavement, it can be difficult to know whether a problem is simply administrative or something more serious. Errors can arise at different stages, from how the Will was prepared to how executors carry out their duties.

Errors in the Will’s wording

A Will may not reflect what the deceased intended due to drafting mistakes, unclear language or incorrect instructions being recorded.

Professional drafting mistakes

Where a solicitor or Will-writer has made an error, such as failing to include key provisions or misunderstanding instructions.

Executor errors or delays

Executors have strict legal duties. Problems can arise where assets are distributed incorrectly, accounts are not prepared properly, or the estate administration is delayed.

Failure to follow the Will

Sometimes executors or administrators act outside their authority, misunderstand the Will, or fail to apply it correctly.

Mistake in a Will or Improper Administration Services

We advise on a wide range of issues relating to errors in Wills and estate administration, tailoring our advice to the specific circumstances of each case.

Rectification of Wills

Where a Will does not reflect the deceased’s true intentions due to a clerical or drafting error, we advise on applications to rectify the Will and the evidence required to support a claim.

Professional negligence claims

If a mistake has been made by a solicitor or Will-writer, we can assess whether a negligence claim may be appropriate and guide you through the process with care and clarity.

Executor disputes

We advise beneficiaries and executors where concerns arise about delay, mismanagement, or failure to comply with legal duties, including applications to remove or replace executors where necessary.

Estate administration errors

From incorrect valuations to improper distributions, we help resolve errors that occur during the administration process and work to minimise further disruption.

William Cook

Associate Solicitor

Schedule a confidential call to discuss concerns about a mistake in a Will or estate administration.

Make an enquiry

Why choose Mullis & Peake

Mistakes in a Will or estate administration often sit at the intersection of law, family relationships and trust. Our approach is measured, practical and focused on resolving issues without escalating conflict unnecessarily.

Experienced contentious probate solicitors

We regularly advise on rectification claims, executor disputes and claims arising from drafting or administrative errors.

Clear, sensitive guidance

We explain your options in plain English, helping you understand whether a mistake can be corrected, challenged or compensated.

Proportionate dispute resolution

Not every issue needs court proceedings. We focus on early resolution where possible.

Trusted local advisers

Families across Essex rely on us for thoughtful, dependable advice delivered with discretion, care and a strong understanding of the personal dynamics involved.