Legal Question in Wills and Trusts in New York

Change last name of Executor

The person who is the Exector of my will has married. Can I add a typed change to my will and sign it?


Asked on 8/26/08, 11:06 am

2 Answers from Attorneys

Norman Nadel Norman Nadel, Esq.

Re: Change last name of Executor

The addition to the will in the manner you describe would be a nullity. A will to be effective in New York, must be signed at the end of the document and the signature must be witnessed by at least two individuals. Once signed, it cannot be changed except by the execution of a new will.

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Answered on 8/26/08, 11:24 am
Walter LeVine Walter D. LeVine, Esq.

Re: Change last name of Executor

I agree with Norman that doing this could nullify the Will. You could do one of two things: (A) do nothing, as the name used was the name at the time and the subsequent marriage does not change the appointment (the person appointed may need to show the subsequent marriage and name change at time of probate), or (B) do a simple Codicil (amendment) to your Will, just changing the name. The Codicil should be signed, witnessed and notarized just as your Will was done, and both the Will and Codicil need to be probated.

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Answered on 8/26/08, 11:43 am


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