QLD Name change of beneficiary

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maxlim

Member
15 June 2021
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My late father has included me and my sister in his will prior to his passing. In 2012, I had changed my surname back to my mothers maiden name. At the time of the will being made in 2019, my father was unaware of the change, and so i’m in the will under my previous surname. I am also listed as the executor of the will. Will this likely cause issues when it comes to dealing with the estate, and will it result in his wish for my part of the estate to become invalid?

What would be the best way to resolve the issue, and to ensure i get what i’m owed?

Would changing my surname back prior to executing the will be the best way to deal with this?
 

Tim W

Lawyer
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28 April 2014
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You include proof of name change in your application for probate.
It's not so very unusual.
 

maxlim

Member
15 June 2021
3
0
1
given the name change was done prior to the will being written, and the name used in the will is the old name, is this likely to cause issues?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
5,036
830
2,894
Sydney
Not if you can prove who you are
 

maxlim

Member
15 June 2021
3
0
1
Thanks very much for your help. My sister doesn’t believe I should have been included in the will, she has engaged a lawyer at this point. Could you see any loophole to do with the name issue that could result in me losing my share? Thanks again