Does property addresses have to be correct in a will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does property addresses have to be correct in a will?
My dad passed away and had a will. However, in the
will, the property he left my brother has an incorrect
address which is somebody else’s property. How
does this affect the will?
Asked on June 14, 2017 under Estate Planning, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The issue is, can the correct property be identified despite the error? If so, the error will not affect the will: the law does not let mistakes or typos affect the validity of legal documents if the true information or state of affairs can reasonably be determined. Example: say that your father owned one piece of property in Anytown, SC, and you know the correct address and can prove his ownership (e.g. title, deed, etc., which can get from the county clerk's office if necessary). If the address was, say, 1313 Mockingbird Lane, Anytown, SC but the will accidently listed it as 3131 Mockingbird Lane, the mistake is easily rectified and harmless: it's clear what property was meant, and a court will enforce the correct address.
Where this may be an issue is if there is no way to determine the property--if there were multiple properties owned by your father in the same area or with similar addresses, so it's not clear which one was meant; or if the only reference to the property you have is in the will (i.e. no other records of it), and so if the will address is wrong, you can't even find the right property. In those cases, the errorc could prevent inheritance.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.