At the beginning of the will, our children’s names are the same as ours

UPDATED: Oct 1, 2022

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At the beginning of the will, our children’s names are the same as ours

Later on, since they are now married, we added their married last names to their original names but kept just their original names when we listed our children. Is it ok that they are not the same throughout the document?
Example Susie Ellen Smith, daughter,
Later Susie Ellen Smith Baker

Asked on February 15, 2018 under Estate Planning, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

As long as it is clear who you are leaving your assets to, this is fine. Names do change (e.g. due to marriage or divorce) and such changes do not invalidate a will; also, wills (and contracts, too), are not invalidated by discrepancies or "typos" so long as what (or who) is meant is clear. So as long as the will makes it clear who inherits, this is not an issue.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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