# The Non-Contentious Probate Rules 1987, Rule 55: Application for rectification of a will

Extent: E+W

(1) An application for an order that a will be rectified by virtue of section 20(1) of the Administration of Justice Act 1982 may be made to a district judge or registrar, unless a probate action has been commenced.
(2) The application shall be supported by an affidavit or a witness statement, 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 , or such other person who might be prejudiced, by the rectification applied for and any comments in writing by any such person shall be exhibited to the affidavit or witness statement in support of the application.
(4) If the district judge or 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.

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Source: https://www.legislation.gov.uk/uksi/1987/2024/rule/55 (the official version)
Page: https://openlegislation.uk/non-contentious-probate-rules-1987/rule-55
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

