Last will and testaments are the final hurrah of people before their death. It’s their final message – and sometimes, people like to make the most of their final message. It’s not like they’ll be around to witness the aftermath. With some final hurrahs being incredibly outrageous though, it's not surprising that famous contested wills made it to the public.
In the spirit of being outrageous – and just plain surprising, here are some of the most famous contested wills in Canada and all over the world.
Man’s best friend
Can you leave all your property to a dog? One of the more famous contested wills, Karlotta Liebenstein, a German Countess, left substantial assets to her dog, Gunter III. With a total fortune of US$65 million, Gunther III may well be the richest German Shepherd in 1992. We can only assume Gunther III lived a lavish life until his death, leaving everything to his son: Gunther IV.
Of course, the Gunthers’ had a team of people who managed the money and made sure all of it was spent on their care. In fact, the administrators of the estate grew Gunther’s fortune to US$375 million – a staggering amount no matter what year we’re looking at.
We must remember though that the German Countess is Munich-based. So, will the same rules apply in Canada? Not really. Pets are property under Canadian laws, which means that they cannot be direct beneficiaries in a will. However, pet owners can assign assets to someone on the condition that they will be used for the pet’s care.
Famous contested wills on a tractor
Wills have to be written to be effective – but does it always have to be on paper? Apparently not! This question was answered as early as 1948 when a Saskatchewan-based farmer found himself trapped under his tractor. The farmer, Cecil George Harris, was so afraid he would die right then that he decided to carve out his will – on the tractor.
Specifically, he took out his pocketknife and started carving on the fender “In case I die, I leave it all to the wife. Cecil Geo Harris”. The good news is that he was found alive and taken to the hospital. The bad news? He still died the next day and his carved out will was upheld by the courts. After all, it does meet all the requirements of a holographic will.
The fender now sits in the College of Law of Saskatchewan as a stark reminder that the intention of the testator is always respected. It's quite possibly the most famous case of a handwritten will today and a case studied in law schools.
Aretha Franklin’s will
For such an accomplished and distinguished woman, Aretha Franklin was unfortunately a little lax with the security of her will. This is because she chose to forego the help of an estate lawyer in drafting and finalizing her will. Instead, she wrote two wills – one in 2010 and another in 2014. These were then hidden on the couch.
We can all imagine the fuss that happened when these two wills were discovered. The fight on which one will be followed reached the courts, which eventually favoured the 2014 will. This shows that aside from executing a will, the testator must also make sure it’s kept in a safe place. Preferably with someone informed of its location to avoid disputes.
Neighbors and their legal standing
The case of Adams Estate versus Wilson (2020 SKCA38) is an interesting case that also happened in Saskatchewan. In here, Nellie Elizabeth Adams died leaving properties and no heirs. She left a will of course and in there, she detailed who she wanted to inherit her remaining properties. The problem? Her neighbor, Charles Murray Wilson, was not in the will.
Wilson disputed the will because apparently Adams promised him a substantial portion of her estate as a thank you for all his help. But can Wilson even file an objection to the will? Courts say no.
Wilson is not a relative or even a beneficiary of the current will. This means that he has no legal standing to file a case. The test for legal standing would be: if the will is declared invalid, would it affect the person contesting it? If the answer is no, then legal standing is unlikely.
Great Stork Derby
Leave it to a lawyer to really make the most out of their free will. In 1926, lawyer Charles Vance Millar died without any heirs or a spouse. However, he did leave a will directing the disposition of his, at the time, $1 million estate. This would be approximately $14 million by today’s standards.
So, did he leave all that to charity? He wouldn't be on this list if he did. Instead, Millar gave Protestant ministers his shares in a beer company. His property in Jamaica was given to three different lawyers who happened to hate each other. Being a lawyer himself, he required that if any one of these three sold, the sale would go to the city.
However, the most astonishing provision in his will requires that the bulk of his money goes to a woman who, in a 10-year period, can give birth to the most children in Toronto. The response is pretty much expected as numerous couples did their best to bring out as many babies as possible within that 10-year window.
Here’s a fun video explaining the event dubbed as the Great Stork Derby:
The absurdity of the will caused challenges from no less than the Attorney General of Ontario. Showing just how much wills are respected, however – the Supreme Court upheld his wishes, making it one of the most famous contested wills in history.
Nina Wang
Dubbed as Asia’s richest woman, Nina left behind an estate worth £2.6 billion. Her then-partner, Peter Chan, immediately tried to claim his inheritance but unfortunately, the court didn’t go his way. Instead, the bulk of the estate went to charity, and Chan was convicted of fraud.
Apparently, Chan tried to forge Wang’s will so that it will favour him as a beneficiary. Unfortunately, his plans failed and charities all over Hong Kong were grateful recipients of Nina’s assets.
Prince
The artist formerly known as Prince died at the age of 57. Despite his vast fortune though, he did not leave a will and had no heirs. The issue of where his US$156.4 million estate would go became one of the most famous contested wills at the time of his passing. The dispute was so complex that it took over six years to finally settle.
The final resolution is anti-climactic with the estate halved into two and distributed to holding companies. These companies hold the interests of Prince’s half siblings. Without a will, we will never know what Prince would have wanted, making it critical to invest in estate planning as early as possible.
Napkin will from McDonalds
This is a reiteration of the carved tractor will, this time on a napkin from McDonald’s. The story goes that in 2015; a man was eating at McDonalds when he felt what could have been symptoms of a heart attack. Acting quickly, he grabbed a napkin and scribbled his will. It said: Split my property evenly, Dad Philip Langan.
Langan didn’t die though, and he managed to pass on that napkin to one of his daughters. When he eventually died, that daughter produced the napkin. Despite the fairness of its content though, one of Langan’s kids did not like the split and contested its validity because of its execution.
Fortunately, the court upheld the validity of the napkin will. The judge said that there was obvious testamentary intention when the will was scribbled – even though he did not die immediately after. This shows that intent is very important when writing a will and if you want your wishes followed, the will must be clear and to the point.
King of Pop
We can’t talk about famous contested wills without discussing the sad passing of the King of Pop – Michael Jackson. Considering the size of his estate, Jackson’s will became the target of numerous disputes from his siblings. Even the guardianship of his children became a battle in court.
In his case, Jackson’s executor was almost booted out of this role after heirs weren’t satisfied with the work. In fact, all siblings signed a letter asking for the executor to resign. Canadian laws have parallel procedures for the removal of executors. However, the grounds for removal must be substantially proven before being granted.
Here’s one of the many documentaries done after Michael Jackson’s death and how his will was executed:
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Mental capacity of the testator
L’Oreal Heiress Liliane Bettencourt died with an estate worth around US$40 billion. A French citizen, her daughter decided to dispute the will on the ground that her mother did not have the mental capacity to execute. Her reasoning? Liliane gave a photographer a staggering €1 billion in the course of 20 years.
Obviously, that is not something a sane woman would do. Her will also favoured the photographer, giving rise to the challenge of will validity. Fortunately, the courts sided with Bettencourt’s daughter and the will favouring the photographer was voided.
Despite these battles happening in a different jurisdiction, we can see the commonality of how wills are treated in different countries. No matter what, the mental state of the testator is a primary concern and if a sound mind is doubtful, wills made during this time cannot be probated.
Robin Williams
The world lost a great actor and comedienne upon the passing of Robin Williams. Unfortunately, even his will was the subject of controversy. One of the more famous contested wills, Robin Williams wrote a will but left it a little vague. In this, he left his estate estimated to be US$100 million to his three children while his wife gets the home.
The problem happened when specifics came into play. This is because the will doesn’t specify which items go to which heirs. Hence, his kids felt entitled to getting his personal belongings such as clothes, fossils, photographs, and graphic novels. Wanting his sentimental items is a clear sign that he was loved – but it also caused some issues.
Eventually, the job of interpreting and harmonizing the provisions of his will was left to the courts. It took a long time and lots of expenses – all of which could have been avoided if there was more specificity in the will.
Of course, these are just some of the most famous contested wills in the history of Canada and other countries. The fact is that wills can be a source of strife among beneficiaries and when substantial amounts are involved – it can get chaotic. It’s unlikely that these famous contested wills will be the last of their kind.
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