So Who’s Will is This?

Perhaps this is so obvious it could go without mentioning, but it is critical that the testator of a will is clearly identified. To accomplish this effectively, there are a few practices that are commonly utilized.

  1. Generally, use your complete name with perhaps an initial for a name that has never actually been used.
  2. If there is any name that has been used with any consistency, utilize a “formerly known as” or “also known as” statement to eliminate any confusion.
  3. If confusion is still a potential concern (maybe if the testator’s name is very common), a statement of domicile may be helpful in identifying the testator.

Additionally, supplying details about the names and specific relationship of heirs in the will to the testator adds additional clarification as to who the testator is in relation to those who are anticipated to still be alive when the will is executed. Supplying these details also adds evidence as to the capacity of the testator.