Legal Question in Wills and Trusts in South Carolina
children's legal names
When naming adult children in a will, should a parent use the child's birth name or current married name?
2 Answers from Attorneys
Re: children's legal names
Any name can be used as long as it clearly identifies the correct person. For purposes of clarity, our office usually identifies adult children with their maiden and married names and as the child of the testator (person making will). Since wills are often written much in advance of the time they are used, probate court realizes that names can change--but the relationship would not.
Re: children's legal names
Any name can be used as long as it clearly identifies the correct person. For purposes of clarity, our office usually identifies adult children with their maiden and married names and as the child of the testator (person making will). Since wills are often written much in advance of the time they are used, probate court realizes that names can change.