Error in will

Margot123

Sorry for your loss.
This sounds more than a 'slip of pen' error so you must seek expert legal advice. Although the onus would be on you to prove your Mother's intentions, and that would be next to impossible.
When it comes to money, families can become strangers, has been my experience of late. Prepare for the emotional stress as well as the financial strain.

Malthusian

Pinkbutterfly wrote: »

If all the executors are in agreement can we daw up our own codicile and sign it and witness it?

No.

The simplest way out of this mess is for the beneficiaries, whoever they end up being, to agree to a Deed of Variation which puts everyone in the position they would have been had your mother and stepfather not done their Wills on the cheap.

Obviously this relies on the assumption that your family loves each other.

As others have said you will need expert legal advice.

Mojisola

Pinkbutterfly wrote: »

I have discovered that the will has the wrong name for my brother, it has the name of one of the other executor clearly in error as it says "....son xyz".

My mother did not pick up on this when she checked it but has the correct name in my step-father's which is a mirror of hers.

Manxman_in_exile wrote: »

Who is to say that the beneficiaries specified in mum's will were wrong?

As the will says "my son" and then names someone else, it's obviously a mistake.

Sea_Shell

Which words would come out "Top Trumps" though.....the words "my son" or "joe blogs", if they are not one and the same person.

Yorkshireman99

Sea_Shell wrote: »

Which words would come out "Top Trumps" though.....the words "my son" or "joe blogs", if they are not one and the same person.

That will be for the Court to decide.

Sea_Shell

Yorkshireman99 wrote: »

That will be for the Court to decide.

That's what I mean....which would win out?

getmore4less

it is quite possible this would fall under

s.20 Administration of Justice Act 1982

rectification of wills.

TBagpuss

It may well be possible to rectify it.

You (or the executors if different) can ask the will writing company for a copy of their file. They should have file notes recording their discussions with your mum and who she wanted to leave her estate to.

If she and your step-dad made their wills at the same time then he may also be able to provide evidence as to what her intentions were.

f it is not possible to rectify the will then a deed of variation can be done by the people named as beneficiaries.

It is also possible that a court would determine that it effectively identifies the beneficiary as her son and that that is sufficient.

Section 20(1) of the Administration of Justice Act 1982
If a court is satisfied that a will is so expressed that it fails to carry out the
testator's intentions, in consequence —
(a) of a clerical error; or
(b) of a failure to understand his instructions,
it may order that the will shall be rectified so as to carry out his intentions.”

I think including the incorrect name would probably be classed as a 'clerical error' in this case, particularly as the person named is not the testators son so clearly the wording as set out can't be right.

TBagpuss

Wordingham v Royal Exchange Trust Company Limited [1992] Ch 412, in which Evans-Lombe QC found that "clerical error" in section 20(1)(a) of AJA 1982 could cover situations where the testator's intentions were fully understood but an error had been made in the process of recording those intentions in the will.

This would seem to be the situation you are in