Name changes and inheritances – what happens when a will uses an outdated name?

Name changes are common, whether due to personal reasons or marital status. If someone has changed their name and is listed in a will, they might wonder how it affects their inheritance. In a lot of cases, the answer to this question comes down to how the will was worded.

Although the law acknowledges name changes, many wills are vague, causing confusion about the intended beneficiaries. The ultimate goal of the law is to execute the intentions of the will-writer. As long as the intended beneficiary is identifiable, they will receive their inheritance, even if their name has changed.

When a Beneficiary’s Name Change is not a Problem

The key lies in the will’s wording and the clarity of the intended beneficiary. Experienced lawyers ensure precise wording to prevent confusion due to name changes. Self-made wills often lead to issues because individuals lack legal expertise. Without professional guidance, will writers often can’t foresee problems with their drafting, or know how to avoid them.

When a Beneficiary’s Name Change is a Problem

Estate administration becomes challenging when a will’s wording doesn’t clearly identify the intended beneficiary. Executors must verify the beneficiary’s identity, especially if their name has changed. An executor can be asked to verify this under oath. If it’s unclear who the will-writer intended to name in their will, the courts may rectify the will to cure the error, or in some cases, rule the entire will invalid. Sometimes, executors misinterpret the testator’s intentions, leading to unintentional and incorrect distribution of the estate.

Tips To Avoid This Problem

Ideally, will-writers will update their wills whenever someone named in the will changes their name, or when any other changes which may impact their estate occur. While this is a great way to prevent complications in the estate’s administration, there are workarounds for those who are not able to frequently update their will. For each beneficiary named in the will, the will-writer can include their relationship with each other, their last known address and their date of birth. With all this information, executors can be absolutely certain who the will-writer intended to name even if the person has changed their name.

Additionally, when a beneficiary changes their name, a codicil can be made by the will-writer to prevent any confusion. A codicil is a document written with additional information to supplement a will. This is easier to write as the will-writer does not have to make a new will in order to add details to their will which already exists.

Reminders for Will Writers

Experienced will-drafting lawyers can ensure that your will is specific enough to allow for name changes without causing ambiguities. Lawyers sometimes prepare notes that specify the relationship with each beneficiary, when the will fails to specify this. If you need help preparing your will, or making an amendment to it contact an experienced estate lawyer today. We can help guide you through the will-writing process, ensuring that loved one’s name changes will not affect how the law handles your will. Alternatively, if you are a beneficiary of a Will whose change of name has resulted in disinheritance, our estate dispute lawyers may be able to assist you in getting the inheritance that was intended for you.

Have a question about this topic or a different legal topic? Contact us for a free consultation. Reach us via phone at 250-888-0002, or via email at info@leaguelaw.com.