Rectification of a Will UK: Correcting Errors Under the Administration of Justice Act 1982
Updated: 18 May 2026 • Reading time: 7 min
A will that says the wrong thing — because of a typing error, a misunderstood instruction, or a clause pasted in from the wrong file — is not necessarily final. Under section 20 of the Administration of Justice Act 1982, an English court has power to rectify a will: to correct the written words so they reflect what the testator actually intended. Rectification is not about rewriting a testator’s wishes; it is about fixing the document where human error caused the written words to diverge from those wishes.
Section 20 of the Administration of Justice Act 1982
The statutory power to rectify a will is found in section 20 of the Administration of Justice Act 1982. The court can only act on two grounds:
- A clerical error — a mistake in the mechanical preparation of the will (wrong name, transposed figure, wrong clause imported from another document)
- A failure to understand the testator’s instructions — where the will-drafter misunderstood what the testator asked for and drafted accordingly
Rectification is not available because the testator later changed their mind or because the will produces an unexpected tax outcome. The error must lie in how the will was expressed, not in what the testator chose to say.
Ground 1: Clerical Error
A clerical error is a mistake in the physical production of the document — something that crept in through inattention. Examples:
- A typed name that differs from the person intended (“John” instead of “James”)
- A transposed legacy figure (“£10,000” instead of “£100,000”)
- A clause cut and pasted from a precedent that does not belong in this will
- A residue clause that names the wrong beneficiary due to a template error
In Wordingham v Royal Exchange Trust [1992], inserting a testamentary power of appointment from the testator’s husband’s earlier will — where the testator (the wife) clearly intended no such provision — was held to be a clerical error. The draftsman had copied text mechanically without engaging his professional judgment. The will was rectified by removing the clause.
Ground 2: Failure to Understand Instructions
The second ground arises where the will-drafter heard and recorded the testator’s instructions but fundamentally misunderstood what the testator meant. The drafter understood what the testator said but not what the testator meant— and so drafted to give effect to a misunderstood version. For example, if a testator says “I want everything split equally among my three children” and the solicitor drafts a trust contingent on majority — when the testator intended outright equal shares — the court may rectify.
The Six-Month Time Limit
Applications for rectification must be made within six months of the date on which a grant of probate or letters of administration is issued(s.20(2) Administration of Justice Act 1982).
- The court retains a discretion to admit late applications, but exercises it sparingly
- The limitation runs from the grant, not from the death or from when the error was discovered
Practical rule
Do not distribute the estate until any potential rectification claim is resolved. An executor who distributes before a claim is settled risks personal liability for assets paid to the wrong beneficiary.
How to Apply
Rectification proceedings are governed by CPR Part 57.12 and are issued in the Chancery Division of the High Court (or a County Court for smaller estates).
| Step | Action |
|---|---|
| 1. Issue claim | File N208 within 6 months of grant; attach original will and draft corrected version |
| 2. Evidence | File witness statements, attendance notes, drafts, and correspondence showing the testator’s true intention |
| 3. Serve defendants | All persons affected by the rectification must be served — beneficiaries under the will as drawn and potential intestacy beneficiaries |
| 4. Hearing | Uncontested: the court may deal on paper. Contested: full hearing at which witness evidence is tested |
| 5. Costs | Usually paid by the estate |
What Rectification Cannot Do
- Rewrite the will because the testator made a bad decision or later changed their mind
- Correct a will where the drafter understood the instructions correctly but chose the wrong legal mechanism
- Override the testator’s clearly expressed words to achieve a more tax-efficient outcome
- Supplement a will to add provisions the testator omitted to give
Where a will is ambiguous rather than erroneous, the remedy is construction — asking what the words mean — not rectification. Under section 21 Administration of Justice Act 1982, extrinsic evidence of the testator’s intention is admissible to assist both rectification and construction of ambiguous language.
Frequently Asked Questions
What is rectification of a will in England and Wales?
Rectification is a court order under section 20 of the Administration of Justice Act 1982 that corrects the written terms of a will so they reflect what the testator actually intended. It does not rewrite the testator's wishes — it corrects the document where the written words diverged from the intention, either because of a clerical error or because the will-drafter failed to understand what the testator wanted. For example, if a will says 'to my son John' but the testator had only one son called James and no son called John, a court can rectify the will to read 'James'.
When can a court rectify a will?
A court may rectify a will under s.20 Administration of Justice Act 1982 only in two circumstances: (1) the will is so expressed that it fails to carry out the testator's intentions due to a clerical error — for instance, a typographical error, transposition of figures, or wrong name inserted by accident; (2) the will is so expressed that it fails to carry out the testator's intentions due to a failure to understand the testator's instructions — where the will-drafter misunderstood what the client asked for and drafted accordingly. Rectification is not available simply because the testator made a bad decision or because circumstances changed after the will was made.
What is a clerical error in a will for rectification purposes?
A clerical error is a mistake made in the mechanical process of preparing the will — a typographical error, a wrong figure, a transposed word, cutting and pasting the wrong clause from a precedent, or inserting a name from another file. In Wordingham v Royal Exchange Trust [1992] it was held that inserting a testamentary power of appointment from a previous will belonging to the testator's husband was a clerical error: the draftsman had mechanically applied text without engaging his mind. A clerical error is not a legal or drafting judgment — it is a slip in the physical production of the document.
What is the time limit for applying to rectify a will?
Under section 20(2) of the Administration of Justice Act 1982, an application for rectification must be made within six months of a grant of probate or letters of administration being issued. After six months, the court retains a discretion to allow a late application, but this is rarely exercised. The limitation period runs from the grant, not from the testator's death or from when the error was discovered. Do not distribute the estate until any potential rectification claim is resolved.
How do you apply to rectify a will?
An application for rectification is made under Part 57 of the Civil Procedure Rules (CPR 57.12) in the Chancery Division of the High Court, or in a County Court where the estate value falls within the appropriate limit. The application requires: (1) evidence of the testator's actual intentions — attendance notes, instructions, draft correspondence, witness evidence from the draftsman; (2) the original will; (3) a draft of the corrected will showing the proposed rectification. All persons with an interest in the estate must be served. Legal costs are usually paid by the estate.
What evidence is needed to support a rectification application?
The court must be satisfied on the balance of probabilities that the will as written does not reflect the testator's intentions and that the proposed correction does. Key evidence: attendance notes made when will instructions were given; draft versions showing the evolution of the document; letters and emails between testator and drafter; witness evidence from the draftsman. Under s.21 Administration of Justice Act 1982, extrinsic evidence of the testator's intention is admissible to clarify what the testator meant.
Can you rectify a will that has already been distributed?
Theoretically yes, but practically very difficult. If the estate has been fully distributed and six months have passed since the grant, the court must exercise discretion to admit a late application (which is rare) and would need to unwind distributions already made (which may be impossible if assets have been spent). The executor or administrator who distributes before a rectification application is resolved risks personal liability if the rectification changes who was entitled. The correct approach is to apply before distributing the estate.
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