Name changes and inheritances – what happens when a will uses an outdated name?

It is not uncommon for people to change their names, whether for personal reasons, or simply because of a change in their marital status. People who have changed their name may wonder if this will effect their inheritance if a will they are included in has not been updated to reflect their new name. In a lot of cases, the answer to this question comes down to how the will was worded.

While the law recognizes that it is common for people to change their first or last names, people still often make wills that are too vague to accurately communicate what their intention was, and name-changes, among other complications, can lead to further confusion. The ultimate goal of the law is to execute the intentions of the will-writer. If it is clear who the intended beneficiary is, the law will ensure they receive their inheritance, even if the name in the will is outdated.

When a Beneficiary’s Name Change is not a Problem

Ultimately, it comes down to the wording in the will and whether it is easy to identify who the will-writer was intending to name. When an experienced drafting lawyer helps prepare a will, they will usually ensure that the wording is specific enough to ensure any name changes will not cause significant confusion. Problems typically arise when people make their own wills without the help from an estate lawyer, as they do not have the knowledge and experience to foresee such problems, or are not sure of how to word their intentions other than simply using someone’s name.

Let’s use an example to clarify when a will has been adequately written to identify a beneficiary, even though the beneficiary may have changed their name. A woman, Ida Irvine, specified in her will to give 50% of her estate to her only child, Ally Irvine. Before Ida’s death, Ally married and took her spouse’s last name, becoming Ally Anderson. In Ida’s will, it stated that the 50% share of her estate was to go “to my only daughter Ally Irvine”. In this case, it’s clear that Ally Irvine and Ally Anderson is the same person as it refers to her both by her old name and as Ida’s “only daughter”. Based on the facts of this simple example, Ally Irvine cannot logically be confused with another individual. Specifying Ida’s relationship with Ally in her will greatly improved the detail of this provision, and helped to ensure that Ally’s name change would not interfere with her inheritence.

While it is unlikely, Ally may have to provide documentation, such as the marriage certificate or her birth certificate, showing that she was Ally Irvine at the time of the will being drafted. If these documents are unavailable to Ally, she can use affidavit evidence from third parties to help confirm her name change before the courts.

When a Beneficiary’s Name Change is a Problem

Problems arise in estate administration when the wording of a will makes it unclear who the intended beneficiary of an asset is. The executor of the will must be able to confirm the identity of the beneficiary, especially in instances where they have changed their name since the will was written. 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. In other cases, the executor might misunderstand who the testator meant to name, and the estate can unknowingly and unintentionally be distributed incorrectly.

Using the same example from above, let’s say that Ida’s will instead stated, “Ally Irvine is to receive 10% of the estate.” While Ally is Ida’s only child, Ida actually has a brother whose grandchild is named Ally Irvine. Here, a problem would arise in the distribution of the estate as it’s unclear who Ida was referring to when she named Ally Irvine as a beneficiary. She could have meant either her daughter, who used to be named Ally Irvine, or her brother’s granddaughter who is named Ally Irvine. Without any other details to clarify which Ally Irvine is included in the will, the executor could not be absolutely sure which person Ida intended to name.

Tips to Avoid this Problem Altogether

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.

If the will in the example above were to say, “Ally Irvine, born on July 22^nd 1973, living in Victoria, BC, is to receive 10% of the estate,” it’s very clear who Ida is intending to refer to, even though the name is not the correct anymore. The distinction between her brother’s granddaughter and Ida’s daughter is adequately made. Ida could also write a codicil, after her daughter’s marriage, that says that any provision made for Ally Irvine in the will is actually referring to her daughter, Ally Anderson.

Experienced will-drafting lawyers can ensure that your will is specific enough to allow for name changes of beneficiaries, without causing confusion in the will. 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.