The Will Is Unclear: What Should an Executor Do?
A will can be valid but difficult to apply. Start with the exact words, the competing interpretations and the practical decision that cannot safely be made.
Is the Dispute About Meaning, Validity or a Mistake?
These questions can overlap, but they call for different evidence and remedies. Disagreement with the outcome does not itself show that the will is unclear.
| Issue | Question to establish | Starting point |
|---|---|---|
| Interpretation | What do the signed words mean in this will? | Read the whole document and identify the relevant surrounding facts. |
| Validity | Was the will validly made and approved? | Identify the particular challenge, such as signing, capacity or undue influence. |
| Rectification | Does the document fail to express the deceased’s intentions because of a specified error? | Preserve drafting records and obtain advice about the statutory remedy and timetable. |
| Financial provision | Is someone seeking provision despite accepting the will’s meaning and validity? | Consider the separate Inheritance Act 1975 route. |
See the guides on will-validity challenges and threatened Inheritance Act claims where those are the real issues.
How Should an Executor Approach Confusing Wording?
- Locate the complete will and every codicil. Check that everyone is discussing the same operative documents. Do not work from a cropped photograph or one paragraph alone.
- Copy the exact clause. Record each proposed reading and identify who benefits under each one.
- Read related provisions. Definitions, substitute gifts, survivorship conditions, residue and trust provisions may affect the meaning.
- Establish the relevant facts. Identify people, family relationships, ownership and assets referred to. The date at which a fact matters depends on the clause and applicable law.
- Identify the blocked decision. Is it sale, occupation, payment of income, payment of a legacy or distribution of capital?
The task is to understand the document, not to replace its wording with what the family now considers fair.
Does the Deceased’s Intention Decide the Answer?
The starting point is intention expressed through the will’s words, read in their documentary and factual context. A relative’s recollection of a conversation is not automatically decisive.
In Marley v Rawlings [2014] UKSC 2, the Supreme Court explained that the words must be considered in context. The case also illustrates rectification: a solicitor’s mistake resulted in spouses signing each other’s wills. It does not give an executor a general power to correct a document informally.
Section 21 of the Administration of Justice Act 1982 allows outside evidence, including evidence of intention, in specified cases involving meaningless or ambiguous language. Whether the gateway applies and what evidence is admissible require assessment.
Worked Example: A House Can Be Sold, but Who Receives the Money?
Illustration only. One clause gives a surviving partner a right to occupy a house. Another identifies children who will ultimately receive it. A general power permits sale.
The children say the power of sale means they should receive the proceeds immediately. The partner says their interest continues.
The executor needs to establish how the clauses operate together: what ends the occupation right, whether replacement accommodation is contemplated, and what happens to sale proceeds. The answer cannot safely be inferred from the sale power alone.
Ownership, trust provisions and the exact language may change the outcome. This illustration gives no predetermined interpretation.
See property-sale deadlock and money that cannot yet be distributed.
What if the Drafter Made a Mistake?
Preserve instructions, earlier drafts, attendance notes and relevant correspondence. Identify who holds the file and obtain advice about authority for disclosure. Do not alter the original will or assume that a drafter’s later explanation settles the issue.
Section 20 of the Administration of Justice Act 1982 permits rectification for a clerical error or a failure to understand instructions. It is not a remedy for every disappointing or badly expressed gift. Beyond six months from the relevant first Grant, court permission is generally required; statutory exceptions affect which Grants count.
Negotiations do not automatically stop time running. Rectification, interpretation, a family variation and any negligence claim against a drafter are distinct questions.
What Can Continue While the Meaning Is Disputed?
Protect assets, preserve records and continue administration that can properly proceed. Do not assume that every disagreement stops all work, or that a Grant resolves what the beneficiaries should receive.
Obtain advice before distributing on a disputed reading. If you benefit under one interpretation, separate that personal interest from your role as executor. A caveat is not automatically the appropriate response to unclear wording: it controls the issue of a Grant rather than deciding every question about a gift.
Focused advice or agreement may narrow the dispute. Any binding settlement needs the right parties and authority; children, unborn or unascertained beneficiaries and protected parties may require special representation or court approval. A court determination may be needed if the issue remains unresolved.
Documents to Gather
- The complete will, codicils, any Grant and the relevant dates.
- The exact clause and a short account of each competing reading.
- The asset details and the decision or distribution being held up.
- Available drafting records, correspondence and any stated deadline.
You do not need every document before enquiring. Say what is missing.
A Defined Review with Justin Patten
Dispute Assessment & Action Plan costs £480 including VAT. Justin personally reviews up to 40 selected core pages, discusses the issue with you in a 30-minute consultation and provides a two-page Action Plan. Tell us what is holding matters up and we will quote a fixed fee for the work; the assessment is optional.
Justin reviews the disputed wording in the context of the will, identifies possible interpretations and advises on the evidence and next steps needed to resolve the issue. If a fuller opinion or further work is needed, he explains the options before you decide.
The Action Plan is normally delivered within three working days after the consultation and receipt of all required documents, whichever is later. See service details and fees.
Any further work requires a separately agreed scope and fixed fee, approved by you in writing before it begins. An enquiry does not commit you to payment.
General information for estates in England and Wales, not advice on an individual matter. For a live deadline, issued proceedings or an immediate asset risk, obtain prompt appropriate advice; do not wait for Dispute Assessment & Action Plan.
Written by Justin Patten, Solicitor, principal of Human Law and author of The Out-of-Court Executor. Reviewed 21 October 2026.