If in my grandmother’s Will, she refers to a person as a grandson when in fact they are of no relation, is this legal?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If in my grandmother’s Will, she refers to a person as a grandson when in fact they are of no relation, is this legal?
The person in question is a step-sibling, one my mother did not adopt, even though my sister and I were both adopted by my step-father. In my grandmother’s Will my step-brother is referred to several times as a grandson when he in fact is no relation to her at all. Also, in the Will, my grandmother’s name is spelled incorrectly throughout, does this invalidate the Will?
Asked on August 10, 2016 under Estate Planning, Kansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, refering to him as "grandson" will not invalidate the will, if it is clear from the will who is being referred to (i.e. he is also identified by name): any reasonable court would conclude that referring to him as "grandson" is nothing more than an experession of affection or of the closeness of the relationship. Courts will also not invalidate a will for a typo, like a misspelling, the issues you describe do not, by themselves, invalidate anything.
If you can show the will was forged, or that your grandmother was coereced or tricked into signing a will, that would be different: those facts can certainly invalidat a will. But you need much more than the errors you describe to show those things.
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 AttorneyPages.com 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.