A wrong last name on a will

My daughter has been made an executor of a will for her elderly neighbour who has no family and she has discovered he has spelt her last name wrong. Her last name is Hall and the will says Hill. Will this be a problem when he passes on?

Asked on October 27, 2017 under Estate Planning, Alaska


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The executor needs to be clearly identified in the Will. 
A codocil (amendment to the Will) will correct this spelling error. The codocil would say that the name of the executor in the Will of _________ (name of neighbor) was misspelled.  The executor's surname is Hall not Hill. The elderly neighbor signs the codocil and acknowledges his signature in the presence of witnesses.

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