Can courts correct mistakes in wills after death?
Most will mistakes cannot be corrected after the testator's death. Courts cannot determine what constitutes a "mistake" versus the deceased person's actual intentions without clear evidence.
Consider this example: if a will leaves "30 acres" but the property is actually "300 acres," proving this was a typo rather than the testator's intent is nearly impossible without additional evidence.
Correctable errors include:
- Minor clerical errors (misspelled names)
- Obvious scrivener's errors with supporting documentation
- Mathematical miscalculations in distributions
Uncorrectable issues include:
- Property value misstatements
- Incorrect legal descriptions
- Factual misunderstandings about assets
How do mistakes end up in wills?
Will mistakes occur through DIY estate planning, outdated information, or misunderstanding of legal terms.
Do-It-Yourself Estate Planning Risks
Free internet will forms lack professional oversight to catch errors in property descriptions, legal names, or asset valuations. Users may not understand legal terminology or proper asset identification. Learn about DIY estate planning risks.
Outdated Estate Plans
Wills not updated for years often contain inaccurate information about property ownership, deceased beneficiaries, or changed family circumstances. The testator may no longer own listed assets or relationships may have changed.
Misunderstood Legal Concepts
Testators may use legal terms incorrectly or misunderstand property ownership structures, leading to unenforceable provisions or unintended consequences.
When can you successfully contest a will for mistakes?
Will contests based on mistakes succeed only in specific circumstances with strong evidence.
Lack of Mental Capacity
If the testator lacked mental capacity when signing the will due to dementia, medication effects, or other cognitive impairments, courts may invalidate the document. Medical records and witness testimony are crucial evidence.
Fraud or Undue Influence
If someone provided false information to influence the will's contents or pressured the testator to sign against their wishes, courts may void the document or specific provisions.
Lack of Knowledge
If evidence shows the testator didn't understand the will's contents when signing, it may be invalidated. This requires proof the testator was misled about the document's nature or contents.
Work with a qualified probate attorney to evaluate contest viability.
Preventing Will Mistakes Through Professional Estate Planning
The best strategy is preventing mistakes during the estate planning process. Professional attorneys ensure accurate property descriptions, proper legal terminology, and regular plan updates as circumstances change.
Proactive steps include: Regular estate plan reviews, professional document preparation, and family discussions about intentions. Explore essential questions to ask estate planning attorneys and strategies to prevent probate contests.
