Areas of Law / Wills and Probate

Although I have been divorced 20 years I still use my married name. However my son was born before I was married and uses my maiden name. I have a small amount of money in the bank: will he have any trouble sorting this out after I die because we have different names? I made a simple will out years ago on a form you get from newsagents, but my witnesses have both died now.

There shouldn’t be a problem. If you have less than £5,000 in the bank it may well be prepared to release the money without your son having to apply for probate. He will probably just have to produce a death certificate and complete the bank’s own procedures, which will include checking his identity. For this purpose your marriage certificate and his birth certificate will come in handy.

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