An application to rectify a will may be made under AJA 1982, s. 20. Rectification may be granted on the basis that the will does not carry out the testator’s intention, either by reason of a clerical error or by reason of a failure to understand the testator’s instructions.

Before a will can be rectified, it must first be established what the document means as a matter of construction1. This may resolve some ambiguities (such as a misdescription of a person) without the need then to go on to consider whether the will needs to be rectified.

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