Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Rectification definition

What does Rectification mean? Rectification, in land registration practice, is the alteration of the register of title to correct a mistake that adversely affects a registered proprietor’s title. In England and Wales, the Land Registration Act 2002 (Schedule 4) defines rectification as an alteration correcting a mistake which prejudicially affects the title of a registered proprietor; it may be ordered by the court or made by HM Land Registry in limited cases, with indemnity generally available for loss. Typical situations include erroneous entries, wrongful cancellations, boundary and description errors, and registrations obtained by fraud. In Scotland, under the Land Registration etc. (Scotland) Act 2012, the...

Rectification of Wills (England and Wales): Grounds, Evidence, Time Limits, Procedure and Costs under s 20 Administration of Justice Act 1982

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Practice notes

The court's power to rectify

A claim for Rectification is not, strictly speaking, a Probate claim, but it falls under that wider category as an extension of a want of knowledge and approval claim where a mistake has arisen in the drafting of a Will.

For deaths after 31 December 1982, section 20 of the Administration of Justice Act 1982 (AJA 1982) allows rectification. The court may amend a Will if satisfied it is framed in a way that does not give effect to the testator’s intentions because of:

a clerical error; or
a failure to comprehend his instructions,

and can order changes so the Will achieves those intentions. Despite the affirmative tenor of that provision, this rectification power is discretionary, and the circumstances in which it applies are set out in AJA 1982, ss 20(2)–20(4). Under section 20(2), an application for an order under this section shall not, save with the permission of the court, be made after six months from the date on which representation in respect of the deceased’s estate is first taken...

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Web page updated on 21/05/2026

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