It is possible for the court to correct a will if it fails to give effect to the true intention of the testator (the person who made the will). This can be done if the court considers there was either:
- a clerical error or
- a failure to understand the testator’s instructions
If the will drafter misunderstood the law, rather than misunderstood the testator’s instructions for the will, then there you may have a case for professional negligence if you have suffered a loss as a result.
An application to rectify a will must be made within 6 months of the grant of probate. This can be extended with the permission of the court in limited circumstances. However, if you have concerns you should seek legal advice without delay.