How to complete a name change on a Will and Trust?

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How to complete a name change on a Will and Trust?

Early this year me and my husband wrote up a living Will and Trust through the Suze Orman package I purchased. We live in FL. All of our assets are going to our 2 children. Recently my daughter got married and I was wondering if we have to completely redo the entire Will and Trust with her new married name and get it all notorized again or can we legally just add an amendment to the Will? If so, what do I say on such an amendment?

Asked on October 26, 2010 under Estate Planning, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, you really do not have to change your Last Will and Testament.  Your daughter will provide an affidavit as to her married name and her maiden name when the time comes.  An Amendment to a Last Will and Testament is known as a codicil.  A codicil must be executed in the same manner as a Will and with the same formality.    Sometimes it does not pay to do a codicil and many people just re-do their Will instead. Why go through the same formality for only one little issue? But I really would not worry about it. I might double check with an attorney in your area to be sure.  Good luck. 


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