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Your name on a will (UK)

Started by GeneticJen, March 23, 2016, 03:28:17 PM

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GeneticJen

Hey, I've had a look around and couldn't find a perfect place for this subject. Please move if it's in the wrong place!

Does anyone know what happens if someone is left money/property/possessions etc in someone's will when they die but the it's made out to a deadname? So a transman might have been known as a daughter or granddaughter with a different name when the will was written. Would that be legally sound? Would the transman be able to claim what was left for them if their name was legally changed? I'm specifically asking about in the UK but views from other countries could be useful for others searching for the same question.

Any help is appreciated :)
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KathyLauren

I don't know what the law says where you are, but you should have some document from your legal name change that says something to the effect of, "the person formerly known as <deadname> is henceforth known as <new name>".  That would be the proof that you are the person named in the will.
2015-07-04 Awakening; 2015-11-15 Out to self; 2016-06-22 Out to wife; 2016-10-27 First time presenting in public; 2017-01-20 Started HRT!!; 2017-04-20 Out publicly; 2017-07-10 Legal name change; 2019-02-15 Approval for GRS; 2019-08-02 Official gender change; 2020-03-11 GRS; 2020-09-17 New birth certificate
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itsApril

Can't answer for UK, but the general rule in US law is that a court is supposed to earnestly strive to carry out the intention of the testator (person who made the will).  As long as the beneficiary can be identified and located and the relationship demonstrated, the legacy should be upheld.  You may have to be able to connect all the dots, though - retrace the history of name change and transition to another gender.

Given the strong historical links between English and American law, I would be surprised if the rule would be different in UK.
-April
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Rejennyrated

A deed poll or Statutory declaration used to change a name is a bi-directional legal document. It can be read and applied forwards and backwards - that is to say that not only does it effectively prove that you are now xxx - but it also proves that before you became xxx you were called YYY.

Thus there is no problem - all that is required to satisfy the law in this regard is that you prove your current identity and then produce a copy of your change of name documents - that proves who you were - and thus your entitlement.

PS I liev in the UK and have faced exactly this situation myself in the distant past (25 years or so ago) so I know for certain that this is correct info.
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GeneticJen

"The best time to plant a tree is 20 years ago. The second best time is now."
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