Challenging the implementation of a will
Enforcing Mutual wills
Mutual wills are essentially a contract between two people who agree how their estates are to be distributed. When one dies, their will carries out their part of the contract so the other will be in breach of contract if they deal with their property otherwise than has been agreed. Mirror wills, where partners each have a will with identical terms, are sometimes mistaken for mutual wills.
Rectification or interpretation of a badly drafted will by the Court
If a Will is unclear or ambiguous due to a clerical error or poor drafting and needs clarification, an application can be made to the court to rule on the correct interpretation. Errors in will drafting can sometimes occur if the Will was homemade or because of the Will writer’s failure to follow instructions and apply the law correctly.