Legal Question in Wills and Trusts in Texas

If my father has made a will for everything to come to me and I marry (name) change, will the will have to be re-written?


Asked on 7/25/12, 3:31 pm

1 Answer from Attorneys

Robert Perez Perez Law Office, PLLC

No, it not really necessary to rewrite the entire will if the only change is to your last name. Changing your name does not prevent you from inheriting under the will - it is only a problem if the name change makes it difficult to identify or locate you.

It also depends to some extent on how exactly the will bequest is written - if it just says "to Jane Doe", and your name changed to Jane Smith, it might not be entirely clear that it means you - there could be a sister, aunt or cousin with the same name. However, if the bequest is "to my daughter Jane Doe", then it is much more obvious that the gift was intended for you.

If you and your father are concerned, he could always execute a codicil to the will after you marry, amending it to reflect your new name.

I offer codicils to an existing will (as well as drafting a new will) as one of the services I provide through my online law office, if he is interested in pursuing that option.

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Answered on 7/25/12, 6:11 pm


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