Published
Pardeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2024, and a member of the Law Society of British Columbia.
Updated November 11, 2026: the Wills, Estates and Succession Act (s. 59) and the court decisions cited below checked that day.
Yes, sometimes. The court can rectify a will that fails to carry out the will-maker’s intentions because of an accidental slip or omission, a misunderstanding of their instructions, or a failure to carry them out (WESA s. 59).
Evidence: outside evidence, including the will-maker’s intent and the lawyer’s notes, is allowed.
Deadline: 180 days from the grant, unless the court gives leave.
The lawyers who handle these estate files
About our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and practises probate, estate litigation and immigration. He has represented clients in the Provincial and Supreme Courts of British Columbia, from chambers applications to contested trials.
Pardeep S. Grewal is a probate, estates and immigration lawyer known for clear communication and practical strategy.
If a will contains a mistake, such as a missing gift, the wrong name or a clause that doesn’t do what the will-maker asked for, BC courts can sometimes correct it. Under section 59 of the Wills, Estates and Succession Act, the court may rectify a will that fails to carry out the will-maker’s intentions because of an accidental slip or omission, a misunderstanding of their instructions, or a failure to carry out their instructions. Unlike most will disputes, the court can hear outside evidence, including what the will-maker said and the drafting lawyer’s notes and file. The court can delete words or add them. But it corrects mistakes in recording what the will-maker wanted; it doesn’t rewrite a will to be fairer. The application must be made within 180 days from the grant unless the court gives leave.
Lawgical Law Corporation, a probate and estate litigation law firm with offices in Surrey, Abbotsford and Vancouver, BC, brings and responds to rectification applications; this guide is by Pardeep S. Grewal.
Leave your details and our team will contact you to arrange a time with a lawyer. Or call (778) 598-3785.
Thank you, we have your request
A member of our team will contact you to arrange a time. If your matter is urgent, call us at (778) 598-3785, Monday to Friday, 9:00 am – 5:00 pm.
What WESA s. 59 allows
On an application, the court may order a will rectified if it “fails to carry out the will-maker’s intentions because of”:
- “an error arising from an accidental slip or omission”,
- “a misunderstanding of the will-maker’s instructions”, or
- “a failure to carry out the will-maker’s instructions” (WESA s. 59(1)).
“Extrinsic evidence, including evidence of the will-maker’s intent, is admissible” (s. 59(2)). Section 59 applies to wills, codicils and documents given effect under s. 58. As the Supreme Court of Canada put it, the court’s task in rectification “is corrective, not speculative” (Performance Industries Ltd v. Sylvan Lake Golf & Tennis Club Ltd., 2002 SCC 19 at para. 31). Once made, a rectification order takes effect from the date the will was signed (McPeake v. Canada (Attorney General), 2012 BCSC 132).
Mistakes that can, and can’t, be rectified
| Likely rectifiable | Not rectification |
|---|---|
| A gift the will-maker asked for was left out by the drafter | The will-maker changed their mind after signing |
| A typing error in a name, address or percentage | A family member thinks the will is unfair (see wills variation) |
| A clause drafted to do something different from the instructions | The will-maker lacked capacity (a validity challenge) |
The evidence
- The drafting lawyer’s or notary’s file: instruction notes, drafts, emails and letters.
- The lawyer’s own evidence about the instructions.
- Earlier wills and what the will-maker said about their plans.
The application is usually by petition, served on everyone whose interests may be affected, including the Public Guardian and Trustee where minors or incapable adults are involved.
The 180-day deadline
An application “must be made no later than 180 days from the date the representation grant is issued unless the Court grants leave” (s. 59(3)). If leave is given later, an executor who distributed in reasonable reliance on the will after the 180 days, before getting notice of the application, isn’t liable (s. 59(4)), but the money may still be recovered from beneficiaries (s. 59(5)).
Related options
- Unclear wording rather than a mistake: see interpreting an unclear will.
- A will not signed properly: see improperly signed wills and s. 58.
- An unfair will for a spouse or child: see wills variation.
Mistakes I have seen
- Waiting past 180 days from the grant before raising an obvious drafting error.
- Not asking the drafting lawyer for their file, which is usually the key evidence.
- Framing an “unfair will” complaint as rectification, when wills variation is the right claim.
Frequently asked questions
Can the court add a missing gift to a will?
Yes, if the evidence shows the will-maker instructed it and it was left out by a slip, misunderstanding or failure to follow instructions.
Who can apply?
Usually the executor or a beneficiary whose interests are affected.
Can the drafting lawyer be liable?
Sometimes a negligence claim is also possible. Rectification is usually the first step.
What should I do right now?
Note the grant date to track the 180 days, and ask the drafting lawyer for their complete file.
Book a consultation with our estate litigation lawyers in Surrey, Abbotsford or Vancouver.
Ready to book? Open the booking form ↑
Sources
- Wills, Estates and Succession Act (ss. 58, 59), BC Laws
- Performance Industries Ltd v. Sylvan Lake Golf & Tennis Club Ltd., 2002 SCC 19; McPeake v. Canada (Attorney General), 2012 BCSC 132, as discussed in CLE BC, Estate Disputes in British Columbia: A Litigator’s Guide, §8.5
This article is general information about BC law, not legal advice for your situation.