IHTM12057 - Succession: Wills: Construction of Wills: Rectification of Wills (Scotland)

The Succession (Scotland) Act 2016 provides for a new statutory power to rectify Wills of testators (IHTM12001) dying on or after 1 November 2016. If the court is satisfied that the Will failed to carry out the testator’s intention it has the power to rectify the Will in order to give effect to those intentions.

• The Will must be drafted by a person other than the testator
• There is a time limit of 6 months from the date of confirmation (IHTM05104) (or date of death if confirmation is not being applied for) for the application of rectification to be made to the court
• The deceased must have died domiciled in Scotland

The Act also provides protection for an executor who, in good faith, distributes property which is later subject to rectification and protects the title of a third party who acquired the property in good faith.