Maxim 3.1.12
Though a testator may have made a mistake in the proper name or in the surname of the legatee, when it is certain who is the person meant, the legacy is nevertheless valid.
Si quidem in nomine, cognomine, praenomine, legatarii testator erraverit, cum de persona constat, nihilominus valet legatum.
Source: Inst. 2, 20, 29; Jackson
Difficulty 2/5 — Approachable
Explanation
A misnomer in a will does not defeat the bequest when the intended recipient can be identified with certainty from the surrounding circumstances.
Where this applies
- A will misspells the name of the person it leaves property to.
- A grant identifies someone by the wrong name but everyone knows who was meant.
Legal domains
Cite this maxim
NeCede Max. 3.1.12 — Though a testator may have made a mistake in the proper name or in the surname of the legatee, when it is certain who is the person meant, the legacy is nevertheless valid. — Inst. 2, 20, 29; Jackson (Si quidem in nomine, cognomine, praenomine, legatarii testator erraverit, cum de persona constat, nihilominus valet legatum.)
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