Report No. 110

IX. Rectification

15.41A. Rectification of Wills-recent reform in England.-

It may be mentioned that in England, on the subject of rectification of wills, section 20 of the Administration of Justice Act, 1982 has been, enacted in accordance with the recommendations of the Law Reform Committee1. Leaving aside minor matters of detail, the important part is contained in sub-sections (1) and (2) of section 20, quoted below"2:

"20. (1) If a court is satisfied that a will is so expressed that it fails to carry out the testator's intentions, in consequence-

(a) of a clerical error; or

(b) of a failure to understand his intentions, it may order that the will shall be rectified so as to carry out his intentions.

(2) An application for an order under this section shall not, except with the permission of the court, be made after the end of the period of six months from the date on which representation with respect to the estate of the deceased is first taken out."

1. Law Reform Committee, Report on The Interpretation of Wills, (1973), Cmd. 5301.

2. Section 20(1) and 20(2), Admintration of Justice Act, 1982(Eng.).