ABSTRACT

There are some solutions to problems that are built into the probate system, such as rectification (see 4.11 and 16.4.2) and the variation of wills by a deed that can be read back into the will (see 14.20 and 16.4.4). These avenues are well developed and should be explored wherever they may assist. Would-be claimants are expected to seek rectification where it is possible. It is also advisable for solicitors to consider the possibility of rectification themselves should they find themselves to have made a rectifiable error. The point that it is cheaper to spot a problem and rectify it than to await the consequences of error was made in Corbett v Bond Pearce (2001), where the insurers paid the full claim of the disappointed beneficiaries as well as their legal costs.