Can a change of name or gender affect the legality or benefits of a Will or Power of Attorney?
The great advantage of Wills and Powers of Attorney (PoA) is that they let you decide, respectively, who inherits your assets or manages them if you cannot do so. If you want your son, John Smith, to inherit, or manage, your estate, you have it specified in a legally binding way in a Will or PoA.
But what happens if your son, having been named in your Will or PoA, later decides to change name, or even gender? If John Smith is no longer John Smith, can the Will or PoA still deliver your wishes?
Wills and change of name
Let’s say John has changed his name to Jamie, or Janie, Smith. Generally speaking, the executors who administer your estate can go ahead with their legacy if they are satisfied who was intended to inherit. They may seek some documentary evidence to link the old name to the new name, such as a marriage or change of name certificate. Their task could be eased, if having made a Will, you keep your executors and solicitor up to date. For example, if you know your intended heirs have changed name, address or other details, let them know. It will spare them the awkwardness of getting a name wrong, or having to track down missing heirs.
PoAs and change of name
With a PoA, the situation can be trickier. If the appointed attorney is named in the PoA as Alex James, but now goes by the name of Alex Hardy (following marriage) or Alan James (following gender change), institutions such as banks and building societies may refuse to accept the PoA. So, what can be done? The Office of the Public Guardian has a straightforward process whereby they will provide a letter to sit alongside the PoA setting out the changes that have occurred. Some banks however, may not accept this and want the PoA document itself to be updated. This is relatively straightforward if the grantee has capacity but if they have lost capacity this is not possible.
Points in common
While the positions with PoAs and Wills are very different, both illustrate the importance of actively managing a Will and PoA. This includes updating them when people’s details change, and also checking that executors and attorneys remain able to carry out their roles. It shouldn’t be complicated and it could certainly save some complications later on!
Moray Yellowlees, Partner, Private Client Services
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