Will spelling errors make a Will void?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Will spelling errors make a Will void?
I am a caretaker for a woman who couldn’t afford to pay me, so she put in her Will that I am to receive her house and life insurance, providing I am will to pay for her cremation service. However the word cremation is spelled incorrectly. Also, her mother’s last name is missing a letter. Additionally, I am to be the executor of the
will and I don’t know how to proceed.
Asked on February 22, 2019 under Estate Planning, Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, spelling errors do not invalidate a will so long as it is still possible to determine what is intended and who inherits and does not inherit. The sorts of errors you describe should have no effect on the will.
How to proceed: the will has to go through probate. While ideally you would, as the designated executor, retain an attorney to do this, you can put it into probate without a lawyer. Contact the clerk's office in the probate court in the county in which this woman lives after she passes away (you can't do anything with a will pre-death), explain you are the executor, and ask for instructions.
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.