How Is Mistake or Error in a Will Assessed?
Wills and Inheritance Agreements
Prepared by: Constantinople
Short Answer
Testamentary mistake may raise questions ranging from a misspelled name to a decision based on incorrect information. The law also permits correction of an obvious identification error where true intention can be established conclusively. We investigate the error's location, effects and discovery dates, without equating correction with annulment.
A name may be wrong, property descriptions confused or the deceased alleged to have acted on a false event. Although all are called errors in ordinary language, their legal enquiries differ. We clarify the allegedly incorrect information, then compare the text with other documents. The aim is not to create presumed wishes, but to investigate whether true intention can be identified under statutory conditions and which claim the allegation supports.
The initial review and second opinion are paid services. The scope, fee and timetable are agreed in writing before work begins.
The Error May Concern Formation of the Decision
Article 504 TMK regulates dispositions made under mistake. An allegation may concern a benefit made because of false information. The incorrect information and connection must be specified. A decision surprising the family does not automatically explain that connection. Events and personal interpretations are considered separately.
Obvious Identification Errors Have a Separate Rule
Article 504(2) TMK permits correction of an obvious error identifying a person or thing if true wishes can be established conclusively. A name or asset-description error may be investigated this way. Correction does not mean every ambiguity can be rewritten as desired. The basis for certainty must be shown.
Discovery and Later Conduct Matter
If the deceased does not revoke within one year of discovering the mistake, Article 504 TMK deems the disposition valid. Post-death annulment is assessed separately under Articles 557–559. We do not combine the deceased's discovery and claimant's knowledge into one timetable. Each date is established on its own basis.
The Mistake Allegation Is Linked to Evidence
We examine both the error and whether it caused the disposition. Correspondence, earlier wills, records and direct observations may provide different information. Mistake and fraud must also be distinguished: deliberate creation of false information requires further factual enquiry. The allegation's name does not replace evidence.
What Do We Examine in Your Matter?
We Identify Incorrect Information
We explain which information about a person, asset or event is incorrect and investigate records supporting the alleged true position.
We Compare the Text with Other Records
We compare names with registry records, asset descriptions with ownership and events with documents. We do not fill uncertainties with guesses.
We Examine the Claim's Scope
We assess correction, interpretation and annulment questions, recognising potentially different effects on a provision and the whole disposition.
Frequently Asked Questions
Does every incorrect name invalidate a will?
Article 504 TMK permits correction where true intention is certain. Discovery of an incorrect name therefore does not end review; supporting identification evidence is investigated.
Is a later change of mind a mistake?
Changed intentions and reliance on incorrect information when disposing differ. Whether a later statement revokes the will may also require separate form and content examination.
Related Inheritance Topics
Related Questions
Reference Sources
Articles 504, 542 and 557–559 TMK
Articles 504 and 557 TMK
Tell Us About Your Matter
The initial review and second opinion are paid services. The scope, fee and timetable are agreed in writing before work begins.