Skip to main content

Is a will legal if it is done with a womans maiden name and not with her legal married name?

Gretna, VA |

my mother in law did a new last will and testament. THe new will was done in her maiden name and she has been married 2 times. Can the will be legal if it is done with her maiden name?

Attorney Answers 2


Short answer - The will needs to properly identify the testator (person making the will). If your mother-in-law never officially changed her name to the married name(s) and still officially goes by her maiden name, then it probably properly identifies her. I would recommend a statement in the will indicating her aliases.
You can obtain a simple inexpensive will at With this service, you will answer a questionnaire. An attorney will review your questions, draft your will and you can then download it.
Look to my legal guide – Written Will Requirements in VA for more information.
Good Luck and if you need further information, feel free to contact me.
Sam Mansoor, Attorney
Mansoor Law Firm, PLLC
116R Edwards Ferry Rd NE
Leesburg, VA 20176
(703) 404-7733

The hiring of a lawyer is an important decision & should not be based solely upon advertisements. This site presents general information & is not intended as legal advice. Accessing this page, & any interior pages, is a request for information. That notwithstanding, nothing on these pages, or on any pages linked to these pages, shall be construed as legal advice, nor shall anything on these pages by itself operate to create an attorney/client relationship. An attorney/client relationship cannot be created before the firm has accepted the representation. Acceptance cannot occur before the firm engages you with services & runs a conflict check & your have been notified that you are a client of the law office by email or other written means. Please do not make legal decisions without first having a direct one on one consultation with a Virginia Attorney or an Attorney in you area that knows the relevant facts of your case. &
[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

Mark as helpful


It depends upon various factors. If she is still alive, it would probably be best for her to do a new Will and list all of her various names in the Will so that there is no dispute as to her mental capacity . If she is deceased, is her maiden name listed on her Death Certificate? Did she use her maiden name in her personal and/or business life? What name is on her Driver's License, Stock Certificates, Passport, and the like? Was any prenuptial or postnuptial Agreement ever signed by her? Was an attorney or third party involved in the drafting of the new Will, and did this person have knowledge of her marital and personal situation? Was she mentally competent when she signed the Will? Is anyone contesting the probate of the Will? Is anyone claiming a statuatory share of the Estate? Has the Will been probated? After obtaining answers to the above questions, you can mostlikely determine if the Will is valid, or if someon eill be contesting the Will that has been signed.

Mark as helpful

Marriage and prenups topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics