Name on will spelt wrong

sellasheep

An old friend of mine (95) has included me in her will. Much to my reluctance, she showed me her will today. I've noticed that she has spelt my surname wrong. Tbh I was too shocked to say anything and I didn't want to. Would I still benefit or am I a different person in the eyes of the law?

coylemj

Does the will include your address?

sellasheep

coylemj wrote: »

Does the will include your address?

It does indeed

Peregrinus

As long as it unambiguously identifies you, I don't think a spelling error is going to be fatal. When the time comes, it will be up to whoever is executor of the will to decide who that clause refers to. If they decide that they really can't identify who it refers to - which sounds unlikely, from what you say - they can apply to court for directions, but unless there's a fair amount involved they'll be very reluctant to go to the expense of court proceedings. If the court can't identify who the clause refers to, then the bequest fails and the residuary beneficiaries (the people who get "whatever is left" after specific bequests have been paid) will get a little bit more than they otherwise would have done.

What all this means is, if there's a row about this, the row is between you and the residuary beneficiaries, to determine which of you gets the amount mentioned in this clause.

The smaller the bequest to you is, the less likely anyone is to be bothered about this. The worst that can happen is that you won't get the bequest left to you. If you're uncomfortable about that, the only think you can do is ask her to make a new will, which is a lot of expense and trouble to impose on a 95-year old. How much has been left to you, and how bothered would you be if you never got it?

4ensic15

Most name spelling issues turn on the pronunciation. Smyth and Smith for example would be much different from Nolan instead of Dolan. It would be better to clear it up and with a 95 year old I wouldn't delay. This case shows what can happen in these circumstances.
http://www.irishtimes.com/news/solicitor-expresses-regret-for-error-in-will-as-case-is-resolved-1.1272463

nuac

Suggest you contact this lady's solicitor and let him/her advise.

Various issues could arise, especially due to her age. You are as well to let the solicitor deal with these

sellasheep

Peregrinus wrote: »

As long as it unambiguously identifies you, I don't think a spelling error is going to be fatal. When the time comes, it will be up to whoever is executor of the will to decide who that clause refers to. If they decide that they really can't identify who it refers to - which sounds unlikely, from what you say - they can apply to court for directions, but unless there's a fair amount involved they'll be very reluctant to go to the expense of court proceedings. If the court can't identify who the clause refers to, then the bequest fails and the residuary beneficiaries (the people who get "whatever is left" after specific bequests have been paid) will get a little bit more than they otherwise would have done.

What all this means is, if there's a row about this, the row is between you and the residuary beneficiaries, to determine which of you gets the amount mentioned in this clause.

The smaller the bequest to you is, the less likely anyone is to be bothered about this. The worst that can happen is that you won't get the bequest left to you. If you're uncomfortable about that, the only think you can do is ask her to make a new will, which is a lot of expense and trouble to impose on a 95-year old. How much has been left to you, and how bothered would you be if you never got it?

Much thanks for the detailed response. She has willed me money to the sum of €35, 000. I feel indifferent. Put it this way, if she changed her will to exclude me, I wouldn't be too concerned.

NUTLEY BOY

I dealt with a relative's probate as an executor and personal applicant. I found the Probate Office to very helpful indeed but I also found them to be highly meticulous in relation to a few small matters which were resolved but with a bit of trouble.

Moral : get any deficiency of which you are aware corrected now as it might well prove highly troublesome if the Probate Office decides to take a tight approach.

nuac

Due to this lady's age and the amount involved you should ensure she consults an independent solicitor.

E.g. later there could be allegations of undue influence or lack of testamentary capacity