Rectification: Correcting Mistakes in Wills

Abstract

This article examines the court's jurisdiction in section 23A of the Wills Ordinance to order that a will be rectified so as to carry out the testator's intentions with contrasting reference to the general equitable remedy of rectification. The types of mistake that can be rectified are analysed in the light of the section's providence and of the relevant case law on the analogous English provision. The important practical impact of the jurisdiction on actions against solicitors for negligence in relation to the drafting of wills is illustrated by showing how an initial application for rectification may be required to mitigate any tortious liability arising out of an alleged mistake in a will.