Clause left out of Will by mistake?

[OnTheBall]

I would be grateful for any advice please.

A family member made a Will which was then revoked by a further Will made shortly before death. The old Will was used for notes with various crossing out of beneficiaries they no longer wished to include.

However one beneficiary has not been included even though they were not crossed out, which indicates there was an oversight or a mistake by the person drafting the Will. There doesn't seem to be a reason why that person would be left out and on the face of it the Will is otherwise valid.

What are the options with regard to the beneficiary who has missed out?

Thank you

[des8]

Was the will drafted by a solicitor?
If so he may be able to have the will rectified.
Section 20 of the Administration of Justice Act 1982 provides: 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 instructions it may order that the will shall be rectified so as to carry out his instructions.

Are all other beneficiaries aware of the omission?
Would all who would be affected by the inclusion of this additional beneficiary be prepared to agree to vary the will?

[OnTheBall]

Was the will drafted by a solicitor?
If so he may be able to have the will rectified.
Section 20 of the Administration of Justice Act 1982 provides: 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 instructions it may order that the will shall be rectified so as to carry out his instructions.

Are all other beneficiaries aware of the omission?
Would all who would be affected by the inclusion of this additional beneficiary be prepared to agree to vary the will?

Thank you DES8.

The will i understand was drafted by a retired solicitor.

I am unsure if any other beneficiaries are aware or whether the executors would support any amendment. I assume you are thinking about a deed of variation which i did research but do not completely understand the process.

Does the amendment sit with the executors to arrange?

Thank you

[des8]

The beneficiaries are responsible for arranging the variation but the executor responsible for dealing with it as part of the will.
Obviously the executor must be told about the variation and he could oversee obtaining all beneficiaries' agreements.

[OnTheBall]

The beneficiaries are responsible for arranging the variation but the executor responsible for dealing with it as part of the will.
Obviously the executor must be told about the variation and he could oversee obtaining all beneficiaries' agreements.

Very interesting DES8 I appreciate your input. Some of the beneficiaries are charities so in my opinion unlikely to agree. So I guess providing the Will writer accepts the oversight/mistake then s20 is the option. Thank you

[des8]

The charities would have to refuse
The Trustees are bound by the overarching principle that any decision they make must be made in the best interests of the charity.

[OnTheBall]

The charities would have to refuse
The Trustees are bound by the overarching principle that any decision they make must be made in the best interests of the charity.

I see. So the s20 seems appropriate although I guess the charities may also not be happy with this as it will slightly reduce their legacy.
Would there be any point do you think, if this does not go straight forward, of claiming against the will writer? if he has indemnity insurance or the like.
Thanks for the advice.

[des8]

To proceed successfully against the will writer the would be beneficiary would need to show the will writer acted negligently and breached his duty of care
I cannot say whether or not there is sufficient evidence

Have a Google "professional negligence will writer beneficiary claim"

[OnTheBall]

To proceed successfully against the will writer the would be beneficiary would need to show the will writer acted negligently and breached his duty of care
I cannot say whether or not there is sufficient evidence

Have a Google "professional negligence will writer beneficiary claim"

Thank you DES8 this is very helpful