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Fao Buenchico / Barmaid Re Wills

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twix123 | 01:01 Sat 04th May 2024 | Law
3 Answers

My wife and I completed mirror wills 18 years ago.

1. Our daughter is named as one of the Executors / Trustees, as first and second names plus surname, but since then she has divorced and remarried, therefore has a new surname. would the change of name invalidate the wills we have made?
As Chris knows, my wife is now suffering from Dementia, therefore getting her to complete a new will could be difficult.

2. When we made these wills, we named our Grandson as a beneficiary (due to the loss of our son) and were asked at the time if we thought if our daughter would have any more children. We answered no as we thought it was unlikely, but low and behold six months later we were told that she was expecting and now have a Granddaughter, who is sixteen and a half, who has not been included in our original wishes.
Could she make any challenge to the wills as currently worded (again, writing and signing new wills could be a problem due to my wife's illness)?

Thanks for any suggestions.



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Do you have someone who has Power of Attorney to manage your affairs? If not ,is your wife still  capable of understanding that it would help her to have one . A relative or friend perhaps?

1.  Change of name will have no impact at all.

2.  Unless granddaughter is dependent on you, she cannot challenge the Will.

3.  Whilst your wife may not be able to make a Will, you can still change yours.

Can I suggest you take some legal advice from a solicitor who specialises in wills and Court of Protection.  It may be that you could ask the Court to make a statutory Will for your wife (this is where the Court approves a Will for someone without capacity) if you wished your granddaughter to benefit.

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