Construction & Rectification of a Will

The terms of a will may not always be clear, or in some cases, might have a minor typographical error that might vastly change the meaning of the document. 

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Issues about ambiguity in a will are most likely to arise in relation to home-made wills, prepared by the will maker without professional assistance.  Unclear directions or descriptions may create uncertainty as to matters such as:

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• What property is described as being gifted by the will;

• Who is/are the beneficiaries who the testator was making a gift to; or

• What interest in the property is being gifted by the will.

Where these circumstances arise, an executor can be stuck between different beneficiaries alleging different interpretations of the will.  In this situation, the Supreme Court can be asked to determine the proper construction and meaning of the terms of the will to resolve the ambiguity and ensure that the estate can be administered and distributed to those properly entitled under the terms of the will. 

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A related issue might arise where a typographical or administrative error in the preparation of the will results in the will not carrying out the will maker’s intentions.

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Interpretation of an ambiguous will (‘construction’) or correction of an error in the will (‘rectification’) are each governed by strict legal technicalities, which means that early identification and action in relation to addressing these issue can be critical in the proper and efficient administration of the will and estate.  If you’re concerned about the terms of a will (whether you are the executor or a beneficiary), Ashton Estate Lawyers can assist – contact us for a free 15-minute telephone conversation regarding the situation and your concerns and see how we might assist you.