If a will is incorrect because of a mistake by the person who prepared it and as a result the will does not reflect the wishes of the deceased, the court is allowed to reform or correct that document to rectify the position.
To succeed in establishing that a will does not reflect the intentions of the deceased and that this is because of a mistake when the will was drafted, you will need to be able to prove what the intentions of the person who gave instructions for the will to be made were and that the will does not give effect to those intentions.
If everyone agrees that a mistake has been made then matters can be resolved swiftly. If there is a dispute as to whether or not a mistake may have been made then you will need to obtain specialist advice at an early stage. It may well be that there are other ways of disputing the will, which need to be considered.
