{"id":2370,"date":"2026-11-12T03:05:37","date_gmt":"2026-11-12T03:05:37","guid":{"rendered":"https:\/\/www.lawgicalcorp.com\/blog\/mistake-in-will-rectification-bc\/"},"modified":"2026-11-12T03:05:37","modified_gmt":"2026-11-12T03:05:37","slug":"mistake-in-will-rectification-bc","status":"publish","type":"post","link":"https:\/\/www.lawgicalcorp.com\/blog\/mistake-in-will-rectification-bc\/","title":{"rendered":"Mistake in a will? How rectification works in BC"},"content":{"rendered":"

By Pardeep S. Grewal<\/a>, lawyer at Lawgical Law Corporation \u00b7 Reviewed November 11, 2026<\/p>\n

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<\/a>.<\/em><\/p>\n

Updated November 11, 2026: the Wills, Estates and Succession Act (s. 59) and the court decisions cited below checked that day.<\/em><\/p>\n

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Yes, sometimes.<\/strong> 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).<\/p>\n

Evidence:<\/strong> outside evidence, including the will-maker’s intent and the lawyer’s notes, is allowed.<\/p>\n

Deadline:<\/strong> 180 days from the grant, unless the court gives leave.<\/p>\n

What qualifies<\/a> \u00b7 Book a consultation<\/a><\/p>\n<\/div>\n

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The lawyers who handle these estate files<\/p>\n

\"SundeepSundeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a>\"PardeepPardeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a><\/div>\n
\nAbout our lawyers<\/summary>\n
\n

Sundeep S. Grewal<\/a><\/strong> 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.<\/p>\n

Pardeep S. Grewal<\/a><\/strong> is a probate, estates and immigration lawyer known for clear communication and practical strategy.<\/p>\n<\/div>\n<\/details>\n<\/div>\n

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.<\/p>\n

Lawgical Law Corporation<\/a>, a probate and estate litigation law firm with offices in Surrey<\/a>, Abbotsford<\/a> and Vancouver, BC, brings and responds to rectification applications; this guide is by Pardeep S. Grewal.<\/p>\n

What WESA s. 59 allows<\/h2>\n

On an application, the court may order a will rectified if it “fails to carry out the will-maker’s intentions because of”:<\/p>\n

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  1. “an error arising from an accidental slip or omission”,<\/li>\n
  2. “a misunderstanding of the will-maker’s instructions”, or<\/li>\n
  3. “a failure to carry out the will-maker’s instructions” (WESA s. 59(1)<\/a>).<\/li>\n<\/ol>\n

    “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.<\/em>, 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)<\/em>, 2012 BCSC 132).<\/p>\n

    Mistakes that can, and can’t, be rectified<\/h2>\n
    \n\n\n\n\n\n\n\n
    Examples<\/caption>\n
    Likely rectifiable<\/th>\nNot rectification<\/th>\n<\/tr>\n<\/thead>\n
    A gift the will-maker asked for was left out by the drafter<\/td>\nThe will-maker changed their mind after signing<\/td>\n<\/tr>\n
    A typing error in a name, address or percentage<\/td>\nA family member thinks the will is unfair (see wills variation)<\/td>\n<\/tr>\n
    A clause drafted to do something different from the instructions<\/td>\nThe will-maker lacked capacity (a validity challenge)<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

    The evidence<\/h2>\n