The Non-Contentious Probate Rules 1987

Application for rectification of a will

55.—(1) An application for an order that a will be rectified by virtue of section 20(1) of the Administration of Justice Act 1982(1) may be made to a registrar, unless a probate action has been commenced.

(2) The application shall be supported by an affidavit, setting out the grounds of the application, together with such evidence as can be adduced as to the testator’s intentions and as to whichever of the following matters as are in issue:—

(a) in what respects the testator’s intentions were not understood; or

(b) the nature of any alleged clerical error.

(3) Unless otherwise directed, notice of the application shall be given to every person having an interest under the will whose interest might be prejudiced by the rectification applied for and any comments in writing by any such person shall be exhibited to the affidavit in support of the application.

(4) If the registrar is satisfied that, subject to any direction to the contrary, notice has been given to every person mentioned in paragraph (3) above, and that the application is unopposed, he may order that the will be rectified accordingly.

(1)

1982 c. 53.