When a will does not accurately reflect the testator’s intentions or instructions, actions can be taken to correct these mistakes.
If the court is satisfied that a will fails to carry out the testator’s intentions as a result of a clerical error, or where the testators instructions were not understood by the person drafting the will, then it may order that the will be rectified to accurately reflect and carry out the testators instructions.
Section 48 of the Administration of Justice Act 1985 provides that the court may authorise steps to be taken in respect of the administration of the estate where there is a query as to how the wording of the will should be interpreted.
Section 48 of the Administration of Justice Act 1985 allows the court to authorise actions regarding the administration of an estate when there is ambiguity in the will’s wording. This provision ensures that the court can clarify the intended meaning of the will’s language, facilitating proper execution of the testator’s wishes.
