Short answer
Prepare the will, any earlier wills or drafts, solicitor file material if available, instructions, attendance notes, death certificate, grant status, estate summary, correspondence and any probate claim or application papers before asking about will rectification.
Quick checklist
Start with these
Start With The Will And Probate Stage
Put the signed will, codicils and any grant or caveat information at the front. State whether probate has been granted, whether estate distribution has started and whether any court application or probate action is already on foot.
Add a short family tree and estate summary. A barrister may need to understand who benefits under the will, who would benefit if rectification is ordered and who may oppose the application.
- Signed will, codicils, earlier wills and drafts.
- Death certificate, grant, caveat and probate registry correspondence.
- Family tree, beneficiary list and estate summary.
- Any claim form, application, order, warning, appearance or directions.
- Correspondence between executors, beneficiaries and advisers.
Gather Drafting And Intention Evidence
Rectification is usually evidence-sensitive. Separate the evidence of instructions and drafting history from later family disagreement. If a solicitor or will writer prepared the will, identify what file material is available.
If the issue is really capacity, undue influence, knowledge and approval, construction of the will or executor conduct, say so. Those may require a different advice route.
- Letter of instruction, questionnaire, attendance note or file note.
- Draft wills, tracked changes, emails and signing appointment records.
- Statements from the drafter, witnesses or people present if available.
- The clause said to be wrong and the wording proposed instead.
- Evidence of when the alleged error was discovered.
Define The Requested Probate Advice
The enquiry may ask for merits advice, limitation advice, a conference, draft pleadings, settlement review or hearing representation. The exact task affects Direct Access suitability and whether solicitor support is needed.
This guide is general information only. It is not a conclusion that a will can or should be rectified.
Source note: source-checked against Administration of Justice Act 1982 section 20 and Non-Contentious Probate Rules materials on 28 September 2026. Rectification grounds, time limits, probate procedure, evidence from drafters, estate administration and costs need probate barrister or compliance review before publication.
Claim and official-source ledger
- Administration of Justice Act 1982 section 20 provides a statutory power for rectification of a will in England and Wales where the will fails to carry out the testator's intentions because of a clerical error or failure to understand instructions.
- Administration of Justice Act 1982 section 20 — legislation.gov.uk; checked .
- Non-Contentious Probate Rules 1987 rule 55 addresses applications for an order rectifying a will under Administration of Justice Act 1982 section 20 where no probate action has been commenced.
- The Non-Contentious Probate Rules 1987 rule 55 — legislation.gov.uk; checked .
Editorial status: Review required. Sources support the identified claims only. General information; not legal advice.
Will Rectification Claim Barrister Evidence Guide FAQs
Can a barrister advise on rectifying a will?
A probate barrister may advise on evidence, prospects, procedure, settlement or representation where the issue can be properly scoped and conflicts are checked.
Is a will rectification claim the same as challenging capacity?
No. Rectification concerns whether the wording of the will failed to carry out the testator's intentions because of the recognised statutory grounds. Other will challenges may raise different evidence.
Should the solicitor's file be included?
If it is available, drafting instructions, attendance notes, correspondence and earlier drafts may be important. Explain if the file has not yet been obtained.
Ask For A Barrister Quote
Barristers4U helps clients request a quote from a suitable Direct Access barrister. The information on this page is general information only, not legal advice about your individual circumstances.
If your matter is urgent, include hearing dates, court deadlines, orders and any documents you already have when you submit your enquiry.
