Short answer. No. Article 958 of the Civil Code says a mistake in the name of the thing bequeathed or devised is of no consequence, as long as it is still possible to identify the specific thing the testator actually intended to leave you. The gift survives the misnaming.

What the law says

A mistake as to the name of the thing bequeathed or devised, is of no consequence, if it is possible to identify the thing which the testator intended to bequeath or devise.

Civil Code, Article 958 — A Mistake in the Name. Read the full provision →

Why a naming error does not void the gift

Wills are sometimes drafted with small errors, and Article 958 addresses one specific kind: getting the name of the bequeathed item wrong. The article is direct that such a mistake is of no consequence. Rather than treating the gift as void or ambiguous simply because the label used does not exactly match the item, the law looks past the error to what the testator actually meant, so long as that intended item can still be identified from the will.

The condition that has to be satisfied

This protection is not automatic regardless of how confusing the will is. Article 958 requires that it be possible to identify the thing which the testator intended to bequeath or devise, despite the naming mistake. This means there has to be enough in the will itself, or in surrounding circumstances properly considered, to point clearly to one specific item the testator meant, rather than leaving genuine ambiguity about which of several possible things was intended for you.

How this connects to interpreting a will more broadly

Article 958 reflects a broader theme in how wills are read: the testator's actual intention controls over the precise wording used to express it, at least where that intention can still be determined. A misnamed item is treated the same way a minor slip of the pen would be, provided the true object of the bequest can be pinned down. The focus stays on what the testator meant to give, not on demanding letter-perfect accuracy in how the will happened to describe it.

What this means for you as the beneficiary

If the will names the wrong label for what was left to you, that alone does not defeat your gift under Article 958. What matters is whether the actual item the testator meant to leave you can be identified from the will and the surrounding circumstances, despite the incorrect name. Being able to point to details in the will, or facts about the testator's estate, that pin down the specific item helps establish that the naming mistake is, in the article's own words, of no consequence.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.