Q&As

A Will leaving a legacy of the nil rate band on discretionary trusts contains an error, in that it refers to the husband of the testator rather than his wife in the class of discretionary beneficiaries. On an application to have the Will rectified, who should notice be given to and how is this affected if there are (potential) minor beneficiaries in the class?

read titleRead full title
Published on LexisPSL on 04/06/2021

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • A Will leaving a legacy of the nil rate band on discretionary trusts contains an error, in that it refers to the husband of the testator rather than his wife in the class of discretionary beneficiaries. On an application to have the Will rectified, who should notice be given to and how is this affected if there are (potential) minor beneficiaries in the class?

A Will leaving a legacy of the nil rate band on discretionary trusts contains an error, in that it refers to the husband of the testator rather than his wife in the class of discretionary beneficiaries. On an application to have the Will rectified, who should notice be given to and how is this affected if there are (potential) minor beneficiaries in the class?

In the circumstances described in the question, that is where the reference to a beneficiary is clearly wrong, an application to court for an order to rectify the Will may not be an appropriate course of action.

The circumstances of the question appear to be a matter of construction rather than rectification.

Where the identity of a beneficiary in a Will is unclear, the executors may be able to distribute the estate to the person who they believe to be the correct beneficiary, subject to obtaining a prior indemnity from that beneficiary. The executors may also take out indemnity insurance.

Alternatively, the

Popular documents