Why Errors in Wills Cause Problems
Even a small oversight in a will can have serious consequences. An invalid clause, a spelling mistake in a will, or unclear instructions may lead to disputes among family members, delay the grant of probate, or increase inheritance tax exposure.
Some common mistakes in wills include:
- Failing to have the will properly signed and witnessed, making it not legally binding.
- Ambiguities in how money, bank accounts, or property should be distributed.
- Poor tax planning, leaving intended beneficiaries with unnecessary inheritance tax liabilities.
- Failing to update the will after major life changes, such as marriage, divorce, or the birth of children.
If a will does not reflect the testator’s instructions or is not prepared with a sound mind, disputes can arise. In these cases, the estate may be dealt with under the rules of intestacy, leaving the deceased person’s wishes unfulfilled.
How To Correct Mistakes in Wills
When errors are discovered, it’s natural to ask: how do you rectify a mistake in a will? In some cases, they can be corrected through an application for rectification under the Administration of Justice Act 1982 (section 20). This allows courts to correct documents where clerical errors or oversights mean the will fails to carry out the testator’s true wishes.
Our probate team can advise on:
- Correcting mistakes in a will through legal applications.
- Whether a name mistake in will or spelling mistakes in wills are minor or need court involvement.
- Cases where mental capacity or undue influence is questioned.
- Drafting clear and valid wills to protect intended beneficiaries.
A probate solicitor can also help ensure that any estate plan avoids future disputes and reduces tax exposure.
FREQUENTLY ASKED QUESTIONS.
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1. What is the biggest mistake in a will?The most serious problem is a failure to have the document signed and witnessed correctly. Without this, the will is not a legally binding instrument, even if it reflects the testator’s intentions.
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2. Can beneficiaries be held responsible for mistakes in wills?Beneficiaries are not usually responsible for drafting errors. These issues typically fall on the drafter. However, disputes may still arise if an error in the will creates uncertainty for family members.
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3. What happens if there is a spelling mistake in my will?Minor spelling errors do not always cause problems. However, if a spelling mistake in a will misidentifies a person or asset, the court may need to clarify the testator’s instructions.
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4. How do you rectify a mistake in a will?Rectification is possible under the Justice Act 1982 where a will fails to reflect the testator’s true intentions due to clerical errors or drafting mistakes. A probate solicitor can advise on whether an application to court is required.
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5. What are the most common mistakes in making a will?Typical issues include ambiguous wording, forgetting to update the will after life changes, poor tax planning, and not meeting the legal requirements for validity. These oversights may lead to the estate being distributed under the rules of intestacy.
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At Vault Private Client, our specialists provide expert guidance on mistakes in wills, probate disputes, and tax planning. We help ensure your will is valid, legally binding, and tax-efficient — protecting both your estate and your loved ones.
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Partner and Head of Private Client
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Solicitor
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Group Chief Executive & Founder
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Group Managing Director
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Head of Group Consumer Brands
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No one should face uncertainty over a loved one’s will alone. Our experienced probate solicitors offer practical support for correcting mistakes in a will, defending challenges, and advising on estate planning.
Contact us today for tailored advice.
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