Converse, TX asked in Estate Planning for Texas

Q: Is a Will invalid if a legal name of a child is incorrect

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1 Lawyer Answer
Theodore David Vicknair Sr.
Theodore David Vicknair Sr.
  • Estate Planning Lawyer
  • Mandeville, LA

A: Generally, no. Is it a mere missepelling? Or is the entire name incorrect?

If a mere misspelling, a scrivner's error, that will not invalidate it. If it is an entirely different name, possibly someone who is not even know by the testator (resulting perhaps from the attorney using a form from a prior client and not correctly modifying the form), then evidence might have to be presented showing that the person named was not even known and that the testator intended another person.

So steps to be taken may very well depend on the context of the error and the severity of the error.

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