A wrongly spelled name, a missing digit in an amount, an address that’s gone out of date, small slips like these can carry real weight once a will comes to be relied upon. The reassuring part is that correcting mistakes in a will rarely means starting the whole document over. What matters is the type of error involved and, just as importantly, whether the person who made the will is still alive to put it right themselves.
The available options also look quite different depending on whether UK or US law applies, so it’s worth knowing which set of rules you’re actually working under.
First, understand the kind of mistake it is
Typical errors include a name that’s spelled wrong, an address that’s out of date, or a name that changed through marriage or deed poll after the will was already signed. None of these are serious problems if the testator is still alive and of sound mind, since they can simply go back and correct the document themselves. Things get harder once the testator has died. At that point there’s no one left who can amend the will directly, so any fix has to go through a formal process instead.
If the testator is still with us
Anyone who notices an error in their own will should deal with it promptly, while they still can. Official guidance from Gov.uk suggests revisiting a will after significant life changes such as getting married, divorcing, or relocating. Minor corrections can usually be handled with a codicil, a short additional document that updates specific sections of an existing will without needing to rewrite the whole thing.
For anything more substantial, drafting a fresh will tends to be the more sensible option. What should be avoided, on either side of the Atlantic, is scribbling changes onto the original by hand, since courts can and do refuse to recognise amendments made this way.
Once the testator has died: England and Wales
A codicil stops being an option the moment the testator dies, since it depends on their signature. From that point, the only way to correct a mistake is to apply to the court for rectification, a remedy created by Section 20 of the Administration of Justice Act 1982.
This isn’t a broad power to rewrite a will however a family thinks it should read. Rectification is limited to two situations: a genuine clerical slip, or a case where whoever drafted the will misunderstood what the testator actually wanted. It cannot be used just because relatives feel the outcome doesn’t seem right or wasn’t what they expected.
There’s also a deadline attached: an application ordinarily has to be brought within 6 months of the Grant of Probate. That grant is itself only issued once someone has died, so this deadline, and the rectification process generally, only comes into play after death, never before.
Once the testator has died: the United States
Unlike England and Wales, the US doesn’t operate under one unified probate system. Probate law is set at state level, and while a number of states have adopted the Uniform Probate Code, plenty haven’t.
That means the route for correcting a will after someone dies can look completely different from one state to the next; someone dealing with an estate in California won’t necessarily follow the same steps as someone in Texas. Deadlines for challenging or fixing a will are often bound up with the same timelines that apply to the rest of the estate administration process, tax filings included.
Keep hold of the paperwork
Anyone who discovers an error after a death shouldn’t throw away earlier drafts, solicitor correspondence, or handwritten notes connected to the will. That kind of paper trail can end up being the deciding factor in showing what the testator genuinely intended, for instance where a property was meant to pass to one child but a drafting error left it going to another instead.
When to bring in a solicitor or attorney
Getting even a single word wrong can shift who ends up inheriting what, and once money or property is involved, disagreements between relatives can escalate fast. Within the UK, the approach also isn’t uniform, England, Wales, Scotland and Northern Ireland each have their own rules, so where the testator lived matters as much as what actually went wrong.
In the US, everything comes down to whichever state’s probate law applies. Either way, getting proper legal advice early is the surest way of making sure the testator’s real wishes are honoured.
To Sum Up
A mistake in a will very rarely means the whole document is worthless. What matters is pinning down the type of error and, above all, whether the testator is still alive. While they’re alive, sorting it out is usually simple: a codicil or a new will does the job. After death, correcting it means going through the proper legal channels, rectification in England and Wales, and whatever process the relevant US state requires, and both routes depend on solid evidence, professional advice, and acting quickly.
Disclaimer
Please be advised that this article is for informational purposes only and should not be used as a substitute for advice from a trained legal professional. Please seek the advice of a legal professional if you’re facing issues regarding correcting mistakes in a will.
