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In most cases, a spelling error in a legal document will not automatically make it invalid.
Instead, we call those errors "scrivener's errors" and understand that sometimes a person preparing a legal document may make a spelling or typographical error.
While the person's name may have been misspelled, we rely on knowing the person's intent to create the document.
In one instance, a woman named "Ann" was worried because her name was misspelled in her mother's Last Will and Testament. She was concerned that she would not be counted as a beneficiary under the Will because of the spelling error. Fortunately for Ann, the misspelling did not cause her to lose her inheritance because it was assumed that the scrivener's error was made.
Since there was only one child in the family named "Ann," that is the person who was referred to in the Last Will and Testament.
Most of the time, a scrivener's error will not invalidate the document. However, if the Declarant is still alive and of sound mind, the easiest way to prevent any future issues would be to execute a new document and ensure the correct spelling of all names contained in it.
If you have any misspellings or name change questions, contact us here so we can help.
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