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Name on parents' will - pre-emptive question

6 replies

BasiliskStare · 06/10/2025 19:28

Unfortunately my father died suddenly last month and I and DH are helping mum with collecting information for probate. They have mirror wills and I am not a beneficiary ( which I would not expect ) all goes to mum as it should.

I have noticed though that in their wills I am referred to as Basilisk DH's name. I have not changed my name after marriage from my birth name so passport, bank a/c etc is all in Basilisk Birth Name.

I will obviously ask the family solicitor whether this matters and if there is anything when it comes to Mum's probate ( she is 88 and it may be if she needs care etc there is nothing left . It is for her. ) At the moment my focus is getting Dad's probate sorted out so Mum is OK so I don't want to muddy the waters in asking about this until that is sorted.

But just to ask , is this something which might be worth sorting out after Dad's probate has gone through? I have my birth certificate and marriage certificate but don't have an account in Basilisk DH name . (this may be immaterial depending on what mum is left with - but she is executor of Dad's will , I am executor of hers)

It's not an urgent question , just something I noticed when helping out mum. And I am now much more aware that if something happens suddenly there is more than enough to sort out - so does anyone have experience or knowledge about this.

To reiterate I will ask the family solicitor but just something that occurred to me inter alia.

Thank you.

OP posts:
prh47bridge · 06/10/2025 20:01

As long as it is clear that the will is referring to you, it isn't a problem.

BasiliskStare · 06/10/2025 20:09

prh47bridge · 06/10/2025 20:01

As long as it is clear that the will is referring to you, it isn't a problem.

Thank you for that. I appreciate it.

OP posts:
godmum56 · 07/10/2025 10:39

I could see this as a problem if you divorce AND your DH remarries AND his new wife takes his surname...and yes I know this is farfetched.

prh47bridge · 07/10/2025 12:32

godmum56 · 07/10/2025 10:39

I could see this as a problem if you divorce AND your DH remarries AND his new wife takes his surname...and yes I know this is farfetched.

If the will calls her "my daughter" or similar, this wouldn't be a problem.

godmum56 · 07/10/2025 12:58

prh47bridge · 07/10/2025 12:32

If the will calls her "my daughter" or similar, this wouldn't be a problem.

yup

BasiliskStare · 09/10/2025 20:29

Thank you all. I am referred to as daughter on the wills so I think I was worrying about nothing or displacement worrying. I will speak to family solicitor - I think I have sent everything he needs for DF's probate so I hope that is done apart from admin.

Bank accounts sorted.
At the risk of boring people , the one which is proving the most onerous is - my father had an occupational pension , of which my mother is entitled to a percentage as his spouse. This is material. She has a state pension and because she did not work many years it was very small and they never made up NI contributions. Anyway that is sorted out and because of the rules given her age she will get more state pension. The company my father worked for has given this to a 3rd party to administer and they are showing no urgency about sorting this out at all, and of course the pension was stopped upon reporting his death. I think we are getting there, but it's a bit like pulling teeth.

So - thanks for letting me vent that bit and also thanks for everyone's advice - much appreciated.

Also @godmum56 I have advised husband he needs to find someone with my first name (or prepared to change by deed poll ) if he chooses to divorce me 😂. No That was a moment of levity - I know what you mean by subsequent post.

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