Married name on will

[bruckshaw]

The wills of my wife and I have our married daughter's name as a beneficiary but she has never used her married name on her passport, bank accounts etc. She does have the marriage certificate and is still happily married. Will this cause any difficulty when it comes to probate?

[bruckshaw]

I should explain that the name on the wills is our daughter's married name but she prefers not to use it professionally.

[2222]

So, your will says something like "I leave £X to my daughter Mrs Susie Brown"? Do you think your executors will have any difficulty identifying the intended beneficiary? Is there anyone else it could realistically possibly be?

[bruckshaw]

So, your will says something like "I leave £X to my daughter Mrs Susie Brown"? Do you think your executors will have any difficulty identifying the intended beneficiary? Is there anyone else it could realistically possibly be?

Absolutely none. They are her brothers and we have all discussed the issue together. The uncertainty is whether the probate authority would have doubts.

[2222]

It's the executors who have to be satisfied, not the probate registry. If there were an argument about what the will means, a judge would have to decide, but it doesn't seem like it's going to be a problem.

[bruckshaw]

It's the executors who have to be satisfied, not the probate registry. If there were an argument about what the will means, a judge would have to decide, but it doesn't seem like it's going to be a problem.

Many thanks for your opinion. That was my view also but one of the executors (a son) had concerns. My daughter will need to open an account in her married name at some future point I think and the current change in bank procedure requiring them to check names on money deposits will need to be considered.

[2222]

Many thanks for your opinion. That was my view also but one of the executors (a son) had concerns. My daughter will need to open an account in her married name at some future point I think and the current change in bank procedure requiring them to check names on money deposits will need to be considered.

I don't see why she needs to open a new account. She is who she is, regardless of what she calls herself, and the executors can write a cheque in whatever name she happens to go by at the time.

People get married, divorced, and/or change their names all the time, and it's not practicable for other people to keep changing their wills to keep pace.

If you wish to make things doubly-clear, you could leave a letter addressed to your executors with the will, making it clear the letter does not form part of the will, and making the point for the avoidance of doubt that the Mrs Susie Brown named in the will currently goes by the name of Miss Susie Green.

[bruckshaw]

Following the excellent help given above I now need some guidance please on the procedure to be followed on the death of myself or my wife. We are tenants in common and our wills stipulate that the deceased's estate is to be held in a nil rate band discretionary trust (equal shares) by trustees who are the same persons as the executors of the wills. I realise that nothing can be done prior to probate. It is not expected that inheritance tax will be payable but how to proceed after probate? Will the trustees/executors need to consolidate the non-property assets of the deceased into a new bank account in the name of the trustees? And what will need to be done about the house half of which will be in the trust and which will still be occupied by the survivor?

[Amethyst]

Saving up the tricky questions then Tagging Peridot for you on this one.

[bruckshaw]

Saving up the tricky questions then Tagging Peridot for you on this one.

Thank you. Just trying to avoid surprises for the trustees who may be even less able than myself to deal with them.

[Peridot]

Hi Bruckshaw,

It really depends on the exact wording of your Will. The use of a discretionary nil rate band trust may not be the most tax efficient way of dealing with things any longer with the introduction of the transferable nil rate band and the newer residential nil rate band where property is left to direct descendants. There may be other reasons to use it and it can be a useful type of trust where there is a large group of people to benefit. It allows the trustees discretion on who gets, what with the beneficiaries having no rights to 'demand' what they receive.

Having severed your tenancy, as you're aware you can will your share of the property to whoever you wish. It is common for couples to will their share to someone other than their spouse or partner, their children for example but then the Will allows a 'right to reside' in their share of the property to the surviving spouse, until certain events happen such as re-marriage or death.

Your 'chattels' can be left to each other and a letter of wishes prepared if you have certain items that you would prefer others to have. Although not legally binding, a letter of wishes has strong moral obligations attached to it for the executors.

I get the impression from your post it is unlikely inheritance will be payable, so I am not sure of what use a discretionary trust would be? I wonder whether you would be best having your wills reviewed by a solicitor to check you have included the most sensible options for you and your wife.

Sorry I appreciate it is another expense but unless there is a reason to use a discretionary trust such as protecting a legacy from a beneficiary who may be unable to manage their legacy, I suspect things could be made far more simple for you and your executors, when the time comes.

[bruckshaw]

Thank you for that interesting input relating to the discretionary trust. I understand what you are saying. The wills were written back in 2007 and things have changed considerably since that time when tax efficiency was an issue. I will certainly consider your suggestion but in the meantime I would like to be more sure of the steps which would have to be taken in the event of either of the testators dying with the trust in place. We are both in our very late 80s.

[Peridot]

Hi Bruckshaw,

It very much depends on the Will wording what goes into the discretionary trust and what the executors decide should go in there up to the value of the nil rate band at the date of the first death. It could be just the half share of the property. The Will should provide guidance on this for the executors.

Going back a step so that others understand what is being discussed.

A nil rate band Discretionary Trust is an arrangement in which an amount equivalent to the available nil rate band allowance at the date of death (currently £325,000 each) is given to Trustees (often the same people as the executors but they can be different people it depends on the Will), who are then given a discretion as to who is to ultimately benefit. The discretion is usually limited so that only a particular classes of individuals may benefit. These will usually be the surviving spouse, children and grandchildren, although the discretion can be wider in appropriate circumstances. In most of the Wills that were drawn up prior to October 2007 when the transferable nil rate band became available, the Trustees were given a power to lend all or part of the Trust fund to a surviving spouse. In this way the survivor could have the use of the assets, without actually owning them.

It will very much depend ion the wording in your Wills how the trust is to be dealt with. The trust can effectively be shut down unused after death provided this is done after 2mth and before 2 years post death. If the trust is retained then the executor/trustees would be wise to keep any trust monies in a separate account. There may be set up fees and administration fees payable on the 'trust' and proper accounts need to be kept of what is contained in the trust. The trust is a vehicle for an amount of assets up to the value of the nil rate band allowance so for example the half share of the property will be transferred into the trustees names who will own the deceased share together with the survivor of you, who continues to own their own share still.

To give sound advice on the value of having the discretionary trust it would be necessary to know a lot more about your finances and what you wish to achieve through your Wills. I do think that you are worrying unnecessarily about what the executors/trustees need to do. There will be plenty of help available to them and ultimately if all the potential beneficiaries of the trust agree it could be ended.

This guide makes some good points with relation to the nil rate band discretionary trusts and how to deal with them:- https://www.aaronandpartners.com/wha...-first-spouse/

I am not recommending this law firm and have no connection with them but it may help show what information there is readily available not only for people making wills but also for the executors. .

Another issue worth considering is the availability of the Residential Nil Rate Band if part of the property has gone into a discretionary trust. There is still discussion about this in legal circles but depending on the value of your assets may be worth considering to.

Unfortunately it is never s straightforward as just answering a couple of questions, particularly when Wills have been drafted some years ago and the rules and laws have changed. If you are worried about how your executors will cope I think you should leave that to them. Provided they are well aware of what you and your wife's intentions were when the trust was set up (if you wish to retain it) then you need to trust that they will do as you both wish. The alternative is to have your wills redrafted I'm afraid.

[bruckshaw]

I am most grateful for the inputs you have made. They have helped me to think more clearly about the issues raised and to explain to my family the decisions we have made and will make in future.