Construction & Rectification of Wills

construct rectify

Wills are not always straight forward documents. An executor may find errors in the will or ambiguity around certain parts of the will.

The wording of the will could contain an administrative error on the part of the solicitor who prepared the Will. In this instance, the executor will need to prepare an application to the court for the will to be rectified so that it more accurately reflects the instructions given to the solicitor.

Sometimes the words used in a will are ambiguous and are capable of a number of different meanings.  In this case, it is necessary to request the court to find meaning in the words (called a construction application). It is not up to the executor or a solicitor to make this decision. In the absence of a construction application, an executor will continue to be exposed in acting under what the executor sees as the preferred construction of the Will.  In such an example the executor would be personally liable.

It is wise where there is ambiguity in a will or where it does not say things you believe it should say to get urgent legal advice.