What To Do About a Mistake in a Will

Written by Tanya Waterworth, Digital Content Writer

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.

Best Options for Beneficiaries To Correct It

Errors may crop up in a Will causing confusion for beneficiaries, so if you believe there’s a problem, here’s what to do about a mistake in a Will. Essentially, you have three main options: apply to court for rectification, use a Deed of Variation or challenge the validity of a Will. Mistakes may include simple punctuation mistakes, incorrect names and vague or unclear clauses.

A Will is one of the most important legal documents you will ever create. However, if a mistake is made in a Will, whether by the testator (the person writing the Will) or through unclear drafting – the consequences can be serious. Beneficiaries may lose out, disputes may arise, and the estate may even be distributed in a way the testator never intended.

If you suspect there is a mistake in a Will, it’s vital to act quickly. Our team at Jefferies Claims works with a panel of lawyers highly experienced in contentious probate who can support you with care and understanding.

Can a Mistake in a Will Be Corrected?

Yes, in many cases a Will can be corrected. However, the approach you take will depend on the type of mistake and at what stage the estate is in.

Common Types of Will Mistakes Include:

• Incorrect names or missing beneficiaries
• Ambiguous wording leading to confusion
• Punctuation errors that change the meaning of a clause
• Assets not clearly defined
• Incorrect executor details
• Outdated life events (marriage, divorce, new children)
• Failure to include a residuary clause
• Homemade DIY Wills that fail legal requirements

Each of these mistakes can affect validity, interpretation, or distribution of the estate. Many of these issues arise from drafting errors. For a deeper look at how these mistakes happen, see our guide to the top five mistakes people make when drafting their wills.

What Can Beneficiaries Do If There Is a Mistake in a Will?

If you think a Will is wrong or does not reflect what the person who died really wanted, here are the main options:

1. Ask the Court to Correct the Will (Rectification)

• This is used when there’s a clerical mistake, such as a typo or the wrong amount written.
• A court can change the Will so it reflects what the person actually intended.
• This must usually be done within 6 months of probate being granted.

2. Use a Deed of Variation

• Beneficiaries can agree amongst themselves to change the way the estate is shared out. It is a legal document that lets beneficiaries alter the terms of a Will.
• This is often the quickest and easiest way to fix mistakes – if everyone agrees.

3. Challenge the Will

• If you believe the Will is legally invalid, for example, the person was pressured  lacked mental capacity or it was not signed correctly, you can challenge it in court.
• If successful, the Will could be cancelled and an earlier Will or intestacy rules would apply.

4. Mediation and Legal Advice

• If beneficiaries don’t agree on the mistake, they can go to mediation instead of court.
• A solicitor or mediator helps everyone reach a fair solution without a legal battle.

In short:

Beneficiaries can ask a court to fix the mistake, agree changes between themselves, or challenge the Will entirely if it’s not legally valid. The best option depends on the type of mistake and whether everyone involved is willing to cooperate

How Punctuation and Grammar Mistakes Can Affect a Will

It may sound surprising, but even small punctuation errors in a Will can drastically change its meaning. Courts have seen disputes arise from something as simple as the placement of a comma.

Punctuation Mistakes Can:

• Change the order of inheritance
• Affect who receives what percentage
• Create ambiguity about whether a gift is conditional or outright
• Cause unintended disinheritance

Example:

• “I leave my estate to my children, Sarah and James.”
  This clearly means Sarah and James share the estate.
• “I leave my estate to my children Sarah, and James.”
  The extra comma could imply Sarah is the only child, with James listed separately, potentially changing the legal interpretation.

DIY Wills frequently contain these kinds of mistakes because they rely on generic templates without legal explanation.

Why DIY Wills May Lead to Costly Disputes

Many people choose to draft their own Will using online templates or kits, believing it saves money. However, the short-term savings are often outweighed by long-term legal costs, family disputes and tax implications.

Risks of DIY Wills:

• Incorrect witnessing procedures may render the Will invalid
• Ambiguous clauses lead to disputes
• Lack of tax planning results in unnecessary inheritance tax
• Assets may not be legally defined or traceable
• No guidance on complex family structures or blended families
• DIY Wills offer no legal protection – if a mistake is made, no professional liability insurance exists

A professionally drafted Will, on the other hand, ensures your intentions are clear, legally enforceable and protected against challenges.

Common Mistakes in Wills That Cause Disputes

1. Failure to Update the Will

Life changes quickly. Marriage, divorce, birth of children or grandchildren, and buying property all affect your Will. If your Will is outdated, your estate could be distributed in a way that no longer reflects your wishes.

2. Excluding a Dependent

If you exclude someone who is financially dependent on you, such as a spouse, child or cohabiting partner, they may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

3. Incorrect Beneficiary Details

Misspelled names, wrong addresses or vague descriptions can result in assets going to the wrong person or falling into the residuary estate.

4. Lack of Residuary Clause

Without a residuary clause, any forgotten assets may be distributed according to intestacy law, not your preferences. A residuary clause typically covers assets left after paying debts, funeral costs taxes and distribution of specific bequests. However, it also includes unspecified items not mentioned elsewhere or assets acquired after the Will was written but before death.

When Is a Will Considered Invalid?

A Will may be invalid if:

• It was not signed and witnessed correctly
• The testator lacked mental capacity at the time of signing
• The testator was under undue influence
• It was not made  voluntarily
• It has been revoked by marriage, destruction or a later Will

An invalid Will means the estate will be distributed under intestacy rules, which often results in unintended beneficiaries inheriting.

How a Solicitor Can Prevent Will Errors

Hiring a solicitor to draft your Will ensures:

• Legal compliance and correct execution
• Clear and unambiguous language
• Protection against disputes
• Tax efficiency planning
• Proper asset structuring for blended families or business owners
• Peace of mind knowing your final wishes will be respected

Most importantly, solicitors carry professional indemnity insurance. If a mistake is made, there is financial recourse. This is something DIY Will kits do not provide.

Act Today

Mistakes in Wills are more common than many people realise, even small mistakes can lead to serious consequences.

If you are a beneficiary who suspects a mistake in a Will, you do have legal options – but time is critical. Seeking advice from an experienced solicitor not only helps rectify errors but ensures the estate is distributed as the testator intended.

Challenging a will can be emotional after the loss of a loved one and our panel of law firms are here to help. They offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding – speak to our team to find out more.

Contact Jefferies Claims on 0333 358 3034. Alternatively, complete our online contact form and we will call you back.