Date of Births of Executors/Beneficiaries

Trusts Discussion
1

Dear All

Can someone enlighten me as to whether not putting date of births of executors and beneficiaries can cause issues when it comes to validity of will or is it ok just to put name and address?

Any answers will be appreciated

2

I have never put the date of birth of an Executor or of a beneficiary in a Will.

Cliona O’Tuama

Solicitor

3

I don’t see why it would be a problem, but I agree with Cliona that there’s no need for it. The only reason I can think of for putting dates of birth is if the testator knows two people with the same name at the same address and wants to be clear which William Benn of 52 Festive Road they mean.

From memory, I don’t think you even need to put the executors’ addresses any more now that we don’t do oaths, but I’ve always stuck to name and address.

4

Awais, You will be aware that Wills become public documents when they go to probate so that I would be very reluctant to put dates of birth of anyone in a Will. You could be providing the wrong people with information they may be looking for!

Patrick Moroney

Bwl solicitors

5

I agree with Eddie, we only use dates of birth if there are two people with the same name and address mentioned in the Will. BTW love the reference to my favourite cartoon.

6

I would never put dates of birth of executors or beneficiaries unless as described. However, I would always put addresses for ease at time of need. One of my clients has just died and her will has 12 personal possessions legacies and 32 pecuniary legacies…and not a single address. She was a prolific letter writer until arthritis took over her hands so I am hoping her address book will hold the key. In addition, the will was executed in 2004 so it may be a significant number of addresses are out of date or beneficiaries deceased, but that will be for the detective work of my probate colleague to sort out. I enjoy a good bit of sleuthing but it does put the fees up.

7

I would not put dates of birth in a Will as it becomes a public document and it is private information and could be used for fraud. you only need a name, but an address is recommended if a common name.

Beneficiary addresses we now keep separate to the Will and ask the client to update them if they move as again it stops them being contacted by fraudsters trying to con people out of money received.

8

Clients get the dates of birth for their attorneys wrong (even when they are their own children!). May cause problems if will is disputed at a later date.

Sally Runnacles
Farnfields