If names of children change, does a new Will need to be written?

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If names of children change, does a new Will need to be written?

My 2 oldest daughters are named as executor and guardian of my minor children in my Will. They have been divorced and remarried so their names have changed. Does my Will need to be re-done?

Asked on January 2, 2012 under Estate Planning, Arizona

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The fact is that legally it is not necessary to do anything in such a situation; there is no legal requirement to do so. A change of name does not prevent someone from receiving an inheritance under a Will (or any other benefits, assets, distributions, proceeds, etc. for that matter). The key is whether or not the named beneficiary would be difficult to locate and/or identify due to their name change; then it might well be advisable to make changes to the Will.

However, if you feel strongly that you want your Will to reflect your daughters' current last names, then instead of drafting a whole new Will you could simply execute a "codicil" (i.e. amendment) to the Will. This is something that you yourself could attempt. However, to be sure that all state requirements were complied with, you may want to consult with an attorney first. In fact, if some time has passed since you drafted your Will, it's always advisable to have an attorney review it. There could have been life changes that will necessitate drafting a new one. 


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