Rectification
An equitable remedy correcting a written document that does not accurately reflect the parties' prior agreement or common intention. Available for both contracts and voluntary instruments (e.g., wills, trusts).
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Rectification lets a court correct a written document so it actually reflects what was intended, rather than what was mistakenly written down. Section 20 of the Administration of Justice Act 1982 provides the clearest statutory example, for wills: if a court is satisfied that a will is so expressed that it fails to carry out the testator's intentions, in consequence of a clerical error or of a failure to understand his instructions, it may order that the will shall be rectified so as to carry out his intentions.
The remedy for wills is also time-limited: an application for an order under section 20 shall not, except with the permission of the court, be made after the end of the period of six months from the date on which representation with respect to the estate of the deceased is first taken out — a deadline that also protects personal representatives who have already distributed the estate from being made liable for failing to anticipate a late application.
Related terms
Official sources
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