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Which of our names to use for Probate?

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My lovely mother passed away on Friday and has left her estate in her will to my sister and myself. My sister and I have split the jobs to do, and I will be doing the Probate myself. However, in her will, my mum put my surname as my husband's, despite the fact I kept my maiden name when I married, and she put my sister's maiden name despite the fact that my sister is legally her partner's name. We can both prove who we are and the solicitors holding the will are fine with that. We go to collect the will next week (my mum lived 90 miles away). When I apply for Probate, do I use the names on the Will and if so, will that cause problems, or do I use our legal names? I will ask the solicitors but they will no doubt try to persuade us to use their services. Any advice gratefully received thank you.

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  • Slowplod
    Slowplod Posts: 23 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    Sorry for your loss, but try not to worry about the wrong names.  When I filled in the paper probate form a few years ago it actually asked "is your name different on the will or codicil", as my mum hadn't put my middle name on the will I ticked yes and filled in the box beneath with my name as it appeared on the will.  Im assuming if you are doing the online form it will give you the same option, so you should apply in your legal name and put the name your mum used in the will in the box. 
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