Q&As

A homemade Will incorrectly refers to the wife as 'him' and 'he'. The Probate Registry has asked for a fiat copy of the Will to lead to a rectification order. Should the fiat copy Will be prepared so that the incorrect pronouns 'him' and 'he' are corrected to 'her' and 'she' or should the fiat copy Will simply be a copy of the Will to include the error?

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Produced in partnership with Oliver Auld of Charles Russell Speechlys LLP
Published on LexisPSL on 27/10/2020

The following Wills & Probate Q&A produced in partnership with Oliver Auld of Charles Russell Speechlys LLP provides comprehensive and up to date legal information covering:

  • A homemade Will incorrectly refers to the wife as 'him' and 'he'. The Probate Registry has asked for a fiat copy of the Will to lead to a rectification order. Should the fiat copy Will be prepared so that the incorrect pronouns 'him' and 'he' are corrected to 'her' and 'she' or should the fiat copy Will simply be a copy of the Will to include the error?

A homemade Will incorrectly refers to the wife as 'him' and 'he'. The Probate Registry has asked for a fiat copy of the Will to lead to a rectification order. Should the fiat copy Will be prepared so that the incorrect pronouns 'him' and 'he' are corrected to 'her' and 'she' or should the fiat copy Will simply be a copy of the Will to include the error?

A fiat Will is a reproduction of a Will in the state it was in at the time of execution. The purpose of a fiat copy is either to ensure that a Will can be proven in the form it was in upon execution, by removing inadmissible alterations, or to remove offensive or libelous words included by the testator. The Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, r 11(1) provides that where the registrar considers that a facsimile copy of the original Will would not be satisfactory, he may require an engrossment suitable for facsimile

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