Which name to put in a will

lr1277

Hi. Hope you can help with this matter. I didn't know whether to ask the question on this board or the Bank Accounts board.

My parents came over from an Asian country in the 70's.

For the sake of anonymity, I have anglicised the names.

Lets say in his country of origin, my dad's last name was Smithjohnson.

However he had been told his name would be too long for the UK, so when he came here, he said his last name was Johnson, where Smith became his middle name.

In common usage, he goes by  Mr Johnson.

However on his passport, driving licence and POA donor document, his last name is Smithjohnson, as per the passport.

The problem is that he opened his bank accounts many years ago and so gave his last name as Johnson. So all his bank accounts have his last name as Johnson.

The problem is which last name should his will be written with? Mr Smithjohnson or Mr Johnson?

We askee the solicitor who wrote the POA and is now writing the will, and he says the last name should be Johnson.

However I think he should use Smithjohnson, so tht it matches tha passport

I think if banks are asked to release funds from his accounts after he has passed, they may object if the name on the will does not match the account holder's name.

That may mean doing a name change on all his accounts.

What do you advise?

Or is there a question we can ask the solicitor which may clarify that matter?

Many thanks in advance

LR

Marcon

lr1277 said:

Hi. Hope you can help with this matter. I didn't know whether to ask the question on this board or the Bank Accounts board.

My parents came over from an Asian country in the 70's.

For the sake of anonymity, I have anglicised the names.

Lets say in his country of origin, my dad's last name was Smithjohnson.

However he had been told his name would be too long for the UK, so when he came here, he said his last name was Johnson, where Smith became his middle name.

In common usage, he goes by  Mr Johnson.

However on his passport, driving licence and POA donor document, his last name is Smithjohnson, as per the passport.

The problem is that he opened his bank accounts many years ago and so gave his last name as Johnson. So all his bank accounts have his last name as Johnson.

The problem is which last name should his will be written with? Mr Smithjohnson or Mr Johnson?

We askee the solicitor who wrote the POA and is now writing the will, and he says the last name should be Johnson.

However I think he should use Smithjohnson, so tht it matches tha passport

I think if banks are asked to release funds from his accounts after he has passed, they may object if the name on the will does not match the account holder's name.

That may mean doing a name change on all his accounts.

What do you advise?

Or is there a question we can ask the solicitor which may clarify that matter?

Many thanks in advance

LR

It seems your solicitor's already given the relevant advice, but if you're bothered, there is nothing to stop you using something along the lines of 'Mr xxxxx Johnson, also known as Mr xxxxxxxSmithjohnson'. Suggest that to your solicitor and ensure they understand why you are concerned.

lr1277

Tbank you Marcon, that is really good advice.

Robert_McGeddon

Also, when your Dad passes, someone will need to obtain a death certificate. The Registrar will ask the applicant if the deceased was known by any other name(s). In your case you would say "Yes" and the certificate would record your Dad's name in the form "Fred Smith JOHNSON otherwise Fred SMITHJOHNSON otherwise .................". This should enable access to probate and bank accounts held in different names.

SevenOfNine

Same as Marcon & Robert-M have said, that applies ON probate forms as well under the section "known by any other names".

74jax

lr1277 said:

We askee the solicitor who wrote the POA and is now writing the will, and he says the last name should be Johnson.

However I think he should use Smithjohnson, so tht it matches tha passport

I think if banks are asked to release funds from his accounts after he has passed, they may object if the name on the will does not match the account holder's name.

That may mean doing a name change on all his accounts.

What do you advise?

Or is there a question we can ask the solicitor?

Many thanks in advance

LR

If you asked a solicitor, then came to the conclusion you weren't suitably informed that you asked randoms on an open forum, please please change solicitors.

This is such an important document.

A competent solicitor in Wills should listen to exactly what you put here and have solutions. 

Manxman_in_exile

74jax said:

lr1277 said:

We askee the solicitor who wrote the POA and is now writing the will, and he says the last name should be Johnson.

However I think he should use Smithjohnson, so tht it matches tha passport

I think if banks are asked to release funds from his accounts after he has passed, they may object if the name on the will does not match the account holder's name.

That may mean doing a name change on all his accounts.

What do you advise?

Or is there a question we can ask the solicitor?

Many thanks in advance

LR

If you asked a solicitor, then came to the conclusion you weren't suitably informed that you asked randoms on an open forum, please please change solicitors.

This is such an important document.

A competent solicitor in Wills should listen to exactly what you put here and have solutions. 

I agree.  I'm astonished that a solicitor would not come up with the same obvious advice as already given above.

I'm in a slightly similar position.  All my life I have been known by middle name rather than my first name.  This confuse many people (especially those acting in some sort of official capacity) as the expectation always is that I would be known by my first name.  I constantly have to explain this to people and tell them "Ah well - my name is John Smith but I'm also sometimes known as Michael".  I sometimes contribute to the confusion myself by using different names for different purposes.  I've just received a new passport (in my full official name) and I haven't decided how to sign it yet as I usually only sign by the name I'm known as.

Gers

Oh grief!  I've just remembered that I have a first forename which is only recorded on my birth certificate and no-where else. My 'middle' name is on passport, driving licence, bank accounts, Will, HMRC, DWP etc etc.

Perhaps I need to consult my solicitor too!

Langtang

Manxman_in_exile said:

All my life I have been known by middle name rather than my first name.  This confuse many people (especially those acting in some sort of official capacity) as the expectation always is that I would be known by my first name.  I constantly have to explain this to people and tell them "Ah well - my name is John Smith but I'm also sometimes known as Michael".  I sometimes contribute to the confusion myself by using different names for different purposes.  I've just received a new passport (in my full official name) and I haven't decided how to sign it yet as I usually only sign by the name I'm known as.

We're in the middle of getting my In-laws estates sorted out at present, and my FIL was always known by one of his 4 middle names rather than his first name. All the emails and phone explanations I've had to give. It's OK once, twice even. After a while.... The banks were the worst.

Flugelhorn

Names!  Mother started out with three christian names, dropped one (took me years to learn that she was named after her gran and didn't like it), variably used the second and often only admitted to the first - when she died I found that the passport and driving licence still had the second, so we settled for those. 
Then looking at the will I found that parents and solicitor relative had spelt my name wrong  - not that complicated and you think they should have known

lr1277

74jax said:

lr1277 said:

We askee the solicitor who wrote the POA and is now writing the will, and he says the last name should be Johnson.

However I think he should use Smithjohnson, so tht it matches tha passport

I think if banks are asked to release funds from his accounts after he has passed, they may object if the name on the will does not match the account holder's name.

That may mean doing a name change on all his accounts.

What do you advise?

Or is there a question we can ask the solicitor?

Many thanks in advance

LR

If you asked a solicitor, then came to the conclusion you weren't suitably informed that you asked randoms on an open forum, please please change solicitors.

This is such an important document.

A competent solicitor in Wills should listen to exactly what you put here and have solutions. 

The solicitor wasn’t entirely my choice.
When we were sorting out POA’s, we talked to a couple of solicitors and my parents preferred this chap because he explained things better.
Now that my dad has capacity issues, we wanted a solicitor he wouldn’t object to, and thus bring the whole process to a halt.