Personal Finance

Found Error in my Mom's Will

  • Last Updated:
  • Nov 4th, 2020 4:40 pm
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[OP]
Member
Nov 9, 2006
393 posts
69 upvotes

Found Error in my Mom's Will

She's still alive - but I was reviewing her 20 yr old Will and found a mistake.
My Dad's reads correctly like this (Dad=A)
If A dies then my trustee is
B
If B is dead
then C
if C is dead
then D

But my Mom's reads incorrectly like this (Mom=A)
If A dies then my trustee is
B
If B is dead
then C
if A is dead
then D

Do I need to get this fixed?
4 replies
Deal Expert
User avatar
Aug 18, 2005
20922 posts
5488 upvotes
Burlington-Hamilton
The laws have changed a lot in 20 years, and they should get their wills re-done by a lawyer for that reason alone.
- casual gastronomist -
[OP]
Member
Nov 9, 2006
393 posts
69 upvotes
Response from original Lawyer:

Do not worry about the will as that is clearly a typographical error but does not actually affect anything in the will.
Deal Addict
User avatar
Aug 3, 2009
2122 posts
585 upvotes
Nova Scotia
The lawyer has professional liability insurance if this caused an issue. It is clearly a typo since it is not possible to construe it as meaning "If A is dead, then B and D are trustees" given the plain language of suggesting alternates. The Will probably never even mentions "TrusteeS" once vs. Trustee (singular).

This will only be a challenge if someone wants to try challenge the Will on interpretation or validity. Good luck with that. That said, it is a minor error and if it is 20 years old it is not a bad idea to revisit things - potential trustees may be dead already (or dying), some trustees may have had a falling out with the family, your mom's assets may have changed considerably, etc. etc. etc.

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