Wife is executor – has been given the wrong surname in the Will

Uglymug

When my wife and I were married many years ago it was for the 2nd time for both of us.

Due to my wife’s children from her 1st marriage not wanting a different surname to their mother we decided that she would not formally change it.

Over the years, amongst our family and friends, my wife started to be known by my surname.

My late mother named my wife as executor in her Will, unfortunately she also referred to my wife with my surname.

This has now left use with a problem. When filling in my late mothers Grant of Probate forms there’s no provision for the executor having the incorrect surname.

I’m unsure on how we should proceed. On the Grant of Probate forms which surname do we use for my wife?

If we fill in the forms with the surname used in my late mothers Will would we encounter any difficulties closing my mothers various Bank accounts when my wife’s ID does not match the name on the Grant of Probate? Or would these simply be resolved by showing our marriage certificate?

Or do we try and apply for Probate using the surname on all my wife’s ID, including a covering letter explaining the reason why there’s a mismatch to the name in the Will? Should we also include a copy of our marriage certificate?

We’re concerned that if we get this wrong we may have to apply for Probate more than once, encountering extra expense, time delays and having to explain to the Probate Registry why we’re trying to apply for Probate using different surnames for my wife.

Any comments and possible advise would be truly welcome.

Keep_pedalling

Is up your wife the sole executor? 

Uglymug

Keep_pedalling said:

Is up your wife the sole executor? 

No, both my wife and myself are joint executors.

Keep_pedalling

Uglymug said:

Keep_pedalling said:

Is up your wife the sole executor? 

No, both my wife and myself are joint executors.

Well the simplest thing to do is for her to reserve her powers and for you to apply alone.

Uglymug

Keep_pedalling said:

Uglymug said:

Keep_pedalling said:

Is up your wife the sole executor? 

No, both my wife and myself are joint executors.

Well the simplest thing to do is for her to reserve her powers and for you to apply alone.

Many thanks for your quick response, it's much appreciated.
Could you clarify if possible, reserving her powers won't have any problems regarding her ID?

Keep_pedalling

Uglymug said:

Keep_pedalling said:

Uglymug said:

Keep_pedalling said:

Is up your wife the sole executor? 

No, both my wife and myself are joint executors.

Well the simplest thing to do is for her to reserve her powers and for you to apply alone.

Many thanks for your quick response, it's much appreciated.
Could you clarify if possible, reserving her powers won't have any problems regarding her ID?

No it won’t, she does not have to submit any paperwork to the probate service. The ID issue would only need to be tackled if you lost your ability to finish administering the estate. 

Uglymug

Keep_pedalling said:

Uglymug said:

Keep_pedalling said:

Uglymug said:

Keep_pedalling said:

Is up your wife the sole executor? 

No, both my wife and myself are joint executors.

Well the simplest thing to do is for her to reserve her powers and for you to apply alone.

Many thanks for your quick response, it's much appreciated.
Could you clarify if possible, reserving her powers won't have any problems regarding her ID?

No it won’t, she does not have to submit any paperwork to the probate service. The ID issue would only need to be tackled if you lost your ability to finish administering the estate. 

Brilliant, thank you so much for your quick reply, it's very much appreciated and it seems to answer all our issues.

Brie

I think this has been solved but just to add there are lots of people with documents in different names due to marriage, divorce, wanting a change etc.  Easiest way to handle that is to show proof of ID in the original name (old passport?) and then marriage/divorce certificate as appropriate.  

Uglymug

Brie said:

I think this has been solved but just to add there are lots of people with documents in different names due to marriage, divorce, wanting a change etc.  Easiest way to handle that is to show proof of ID in the original name (old passport?) and then marriage/divorce certificate as appropriate.  

Many thanks for your comment, it's much appreciated.
I would previously have tended to agree with you. However this involves about 8 different financial institutions. I have already found that each one has very different processes when it comes to a Bereavement. It would only take one to be a bit awkward to force us right back to the beginning.