The Will
Despite his young age, free-spirit and hard partying lifestyle, Morrison, just two years before his death, actually made a Will. It was a very simple Will, but a Will nevertheless.
The Will left the entire estate to Morrison’s long-time companion, Pamela Courson, and, in the event that she failed to survive him by three months, then the estate would pass to his brother and sister.
The Challenges
After Morrison’s death dozens of women came forward with paternity claims (no harm in trying). While none were successful, the claims certainly slowed proceedings.
To make matters worse, Pamela Courson died three years after that of Morrison, also from a heroin overdose and also at the age of 27 years. As Pamela Courson died without a Will the Morrison fortune would then pass to her parents by operation of intestacy – a legislative procedure whereby written law (rather than a written Will) dictates who benefits from an estate in circumstances where there is no valid Will.
This did not sit well with Jim Morrison’s parents, who, at the time alleged that the common-law marriage to Pamela Courson was not legitimate. They argued that the registration of common-law marriage was not signed, nor properly registered in the State where they resided. Rather, the ceremony was one, of fun. They cited a marriage ceremony Morrison had with an earlier girlfriend in which a pagan marriage ritual was undertaken that involved such things as walking over fire and drinking each other’s blood.
That’s true love right there folks!
To the amazement of some, a Court found that the common-law marriage to Pamela Courson was valid.
Jim’s parents were not done yet.
They then claimed that the Will itself was not valid because he was under the influence of drugs at the time of execution. This was a fair argument to make, given that he was likely to be high more often than not.
If the testator (the person making the Will) was not mentally competent (Alzheimer’s or dementia or indeed under the influence of drugs) or, if they are influenced by another person, so much that the Will does not represent the testator’s wishes free from influence; then the Will is invalid and will not stand.
In the Morrison estate if the Will was invalid then the laws of intestacy would most likely provide the estate to his parents.
An out of Court settlement eventually resolved the matter, with Courson’s parents continuing to manage and control the image, music and royalties.

Conclusion
Despite Jim Morrison doing the right thing and having a Will in place, it was a very simple Will. It just goes to show you that a simple Will is usually not enough.
There are too many what-ifs and maybes that need to be considered and documented for a thorough estate plan to be implemented. This is the case for an estate worth $80 million estate, or one far more humble.
Sometimes, an overly simple Will can actually give rise to more damage than it attempts to resolve. Accordingly, it may cost the estate a lot more to rectify especially if it is unclear or ambiguous.
Every adult must have a valid and up to date Will.
There is just too much at stake.
At Welden & Coluccio Lawyers we can assist, advise and guide you through this very important aspect of estate planning, it’s more than just a Will!
Click here to have a closer look at Jim Morrisons Will.

As part of the 1967 divorce, Lennon set up a trust for Julian to receive £100,000 when he turned 21.  However, he had to share that with any other sibling that came along.  It would come as no surprise then, to note that in his Will Lennon made no mention of, or provision for, his first born child Julian.

The Will

There is nothing truly unique about Lennon’s Will.

It would also come as no surprise that Yoko Ono was made executor of Lennon’s estate.  In fact, half of his estate was directly for her benefit, with the remainder funding a trust of which Yoko Ono and an accountant controlled.  The terms of the trust are believed to benefit Yoko and their son Sean.

The trust described above was created during his lifetime.  Lennon was in control of the terms of that trust which therefore ensured he controlled who managed that fund after his death.

As executor to Lennon’s estate Yoko Ono therefore gained complete control over Lennon’s original song rights and image. The value of the estate is estimated to be about £220 Million which generates an annual income for the benefit of Yoko Ono and their son Sean of approximately $12 million (US).

Of course the continued income generated by the estate could have been higher were it not for the entire Beatles catalogue of music being sold in 1985 for $47.5 million (US) to none other than Michael Jackson.

What did Julian do?

As you could imagine (pun intended) Julian was not pleased, suggesting that Yoko Ono had improperly influenced Lennon.  Julian sued for a larger share of the significant estate and eventually settled in 1996, 16 years after Lennon was killed.

Julian reportedly received approximately £20 million and is said to have been content with such an amount given the possibility of being faced with a very lengthy and very expensive legal battle against Yoko Ono, who clearly had an almost limitless fund behind her.

Lessons to be learned

Irrespective of what size estate you leave behind it is very difficult to remove or negate a child from your Will.  There are circumstances in which it might be appropriate, what we call disentitling behaviour¸ but in most circumstances it is difficult and should be dealt with head on.

What are the reasons behind leaving them out?  Is it not better to record your wishes about why you believe they do not deserve any benefit from your estate?

After divorce or separation, particularly if a child is born to that previous relationship, careful estate planning is necessary to avoid (or lessen) the risk of any potential claim.  It is often impossible to appease everyone’s moral entitlement.  Sometimes being sensible is the best you can do.

Could Lennon have done more?  Of course.  He may have created an additional trust, funded by a much smaller portion of his estate that would continue to generate income and would benefit only Julian.  If that had been put in place it may have made it more difficult for Julian to mount any type of challenge.

Clause 8 of Lennon’s Will is interesting, in that a lot of people try and include terms such as these in their Wills (or instruct me to include them). Alas, any clause that suggests a beneficiary will be removed from a Will if they attempt to stake a higher claim, is viewed as against Public Policy and would rightfully, be ignored by the Supreme Court thus proving no benefit at all to the will maker.

Conclusion

Every adult must have a valid and up to date will.

If you have been divorced or have a child or children to previous partners then a well-considered and properly thought out estate plan prepared by an experienced solicitor is a must.

There is just too much at stake.

At Welden & Coluccio Lawyers we can assist, advise and guide you through this very important aspect of estate planning, it is more than just a Will!

**You can have a look at John Lennon’s actual Will here.

Celebrities are not immune from this either, take for example the ‘out of date’ Will of Heath Ledger.

Everyone knows they should have a Will.  Whether everyone actually has one is a different thing altogether.  Whether it be apathy, laziness or fear of death, an alarmingly large number of adults still do not have a Will.

In certain circumstances it can be even more dangerous to have a Will that is out of date.  I’ve seen some so old, that the guardians chosen for minor children is irrelevant; because those very children are now aged in their 40’s!

A more serious consequence arises if a Will is not updated to take note of, or cater for, a change in personal circumstances.

Heath Andrew Ledger died tragically on 22 January 2008 aged 28 following accidental intoxication from prescription drugs.  A few months before his death, Ledger had finished filming his (well-deserved) Academy Award winning performance as the Joker in The Dark Knight.  After performing roles in Australian television and film during the 1990s, Ledger left for the United States in 1998 to further develop his film career starring in 10 Things I Hate About You (1999), The Patriot (2000), A Knight’s Tale (2001), Ned Kelly (2003) and Brokeback Mountain (2005).

In 2004 Ledger met and began dating actress Michelle Williams, and their daughter, Matilda Rose was born on 28^th October 2005.  Ledger and Williams ended their relationship in 2007 but remained on good terms until his death.

Despite his celebrity status, wealth of press agents, professional assistants, financial advisors and hangers-on; no one deemed it worthwhile (or if they did he didn’t listen/act) to update his Will.  The last one prepared in 2003 did not include his daughter.

A Will remains valid unless it is found to be a forgery or completed in circumstances that give rise to a serious suspicion that the Will maker was not of sound mind when signing it.  That is to say, that despite an obvious omission, the Will, on the face of it, is valid and the directions that appear therein must be carried out.

Celebrity Gossip website TMZ obtained a copy of Ledger’s Will and can be viewed here.

The Will divides what was likely to be a very large estate between his sisters and parents.

By all accounts, it appears that the lawyers were not called in, as so commonly occurs in Hollywood (perhaps the Aussie influence).  The Ledger family have openly admitted they will be providing for both Matilda Rose and Michelle Williams in whatever way they can.

It is worth noting that if the Ledger family were not so generous, then an inheritance claim  would have been the likely outcome.  In this situation, Michelle Williams, as the guardian of young Matilda Rose, would be left to take action in Court, suggesting that Ledger’s daughter was left without adequate provision.

Here is a fun fact.  If Ledger died without a Will at all, his daughter Matilda Rose would have been the sole beneficiary of his estate (assuming an estate distributed in South Australia).  An issue would arise as to who, until his daughter turned 18, would control the fund.  However, an out of date Will can have even more serious consequences than having no Will at all.

It is imperative that you update and regularly review your Will and other associated documents after any change of personal circumstances including marriage, divorce, new partners, children, death in the family or the purchase/sale of significant assets.

Good advice from experts in the field, who remain up to date on legislative changes and drafting trends, remains critical to establishing an effective and thorough estate plan.

Come and visit Jason Coluccio or myself, Greg Welden, at our office in Prospect to discuss your estate plan and how we might assist you or answer any of your questions.

I say and write that repeatedly when speaking with new clients, current clients, friends or the public when presenting seminars or information sessions.  So why do we not think that celebrities don’t have a Will?  Of course they do.

Celebrity Wills range from the complex, think Michael Jackson, to non-existent, Amy Winehouse or, (would you believe it?) Abraham Lincoln (who coincidentally was a lawyer himself).

In this series I take a look at the Wills of the famous, starting with the sad and recent departure of Robin Williams.

Robin McLaurin Williams died on 11^th August 2014 aged 63 after a long history with depression. Williams started as a stand-up comedian in San Francisco and Los Angeles in the mid-1970s and rose to fame as Mork in the sitcom Mork & Mindy.  Other notable films include Popeye (1980), war comedy Good Morning, Vietnam (1987), drama Dead Poets Society (1989), the animated musical fantasy Aladdin (1992) and Good Will Hunting (1997).

In 1998, Williams won the Academy Award for Best Supporting Actor for his performance in Good Will Hunting.

Ordinarily, after the death of such a talent movie producers, studio and television executives clamour to re-issue old footage, found footage and new footage for a quick buck.  Not so with Williams.

In a unique legal move, Williams has banned the use of his appearance for a period of 25 years after his death.  Though not strictly speaking, comprising part of his Last Will and Testament, Williams transferred, upon his death, all rights to his identity – name, voice, signature, photograph, likeness and right of privacy/publicity – to a not for profit organisation the Windfall Foundation and cannot be used until 2039.

A Trust was created that controlled Williams’ identity with the man in sole control of that Trust, it was the innovative thinking to hard-wire a transfer of his identity and control of the Trust upon his death that has not yet been seen and may pave the way for other celebrities to follow suit and preserve their greatest asset and benefit charitable institutions.

It is thought that the Trust was created, not long before his death, in such a way to avoid potential significant taxation problems associated with deceased estates.  It is taxation, including significant penalties totalling US$700 Million facing the estate of the late Michael Jackson that continues to cripple what might have been a substantial benefit, rather than noose, for his children.

Williams left behind a widow and 3 children, Zelda, Zachary and Cody.

Taxation considerations are ever present when considering how to construct and draw your Will.  Will drafters must sometimes think outside the box to pre-emptively avoid problems before they arise.

Good advice from experts in the field who remain up to date on legislative changes and drafting trends remains critical to establishing an effective and thorough estate plan.

Come and visit Jason Coluccio or myself, Greg Welden, at our office in Prospect to discuss your estate plan and how we might assist you or answer your questions.

Take a look at the original Trust Deed here.

Download our Wills Brochure here.

Much better known as Tony Soprano, a character loosely based on real-life New Jersey mobster Vincent “Vinny Ocean” Palermo, of the television show The Sopranos, James Joseph Gandolfini Jr was born 1961 and sadly died of a heart attack aged only 51 in June 2013. Gandolfini received widespread praise for his performance as the crime boss, winning three Emmy Awards, three Screen Actors Guild Awards and one Golden Globe Award.
Gandolfini was divorced from his first wife in 2002 (a union bearing his son Michael Gandolfini who was a teenager at the time of his death) and he died leaving behind his second wife Deborah and, at the time, their 8 month old baby daughter Liliana.
The Will
Gandolfini’s Will left his son all of his clothing and jewellery but failed to leave the then 13-year-old any cash. The Will declared that he had made other provisions for him (furthermore the Will leaves Michael and Liliana 50 percent shares of their father’s home and land in Italy).
It is believed that the overall value of Gandolfini’s estate is more than $70US million.
The Will was signed only 6 months prior to his death but importantly, and here commences the first lesson, the Will was completed after the birth of his second child.
Gandolfini also did not leave any cash for his current wife, Deborah, but the Will says she’s also provided for in a trust.
Subsequent to his divorce in 2002 Gandolfini created an insurance trust for the benefit of his son. This was essentially a policy of life insurance that would pay out upon death to the trust rather than his deceased estate. It is believed the trust fund will have at least $7US million in it.
Gandolfini left large sums of cash to other family members and friends and the majority share to his young daughter.
Lessons to be learned
As unforeseen and untimely as it was to see an actor at his peak die, no one is immune from an unexpected death. The phrase I’m too young to do my Will or I’ll get around to it eventually just doesn’t make any sense.
Gandolfini surely didn’t believe he was going to die so young, but he had established a well thought out and considered estate plan for those that he felt an obligation to benefit and provide for.
It serves as an important reminder to either create your will or update it should coincide with major life events such as divorce, marriage or the birth of children (once you get married any existing Will in place is automatically voided).
Conclusion
There are many ways to own assets, individually, jointly, in partnership, via a company or a trust. Where those assets reside are integral to an estate plan and can, if necessary, put assets outside the control of a Court or quarantine them from the possibility of an inheritance claim.
Gandolfini’s use of life insurance and a special purpose trust to benefit his son is a perfect example of an estate plan in action….it’s more than just a Will.

Here is the link to his Will.

Riley B. “B.B.” King died on 14 May 2015 at the age of 89 and was an American blues singer, electric guitarist, songwriter, and record producer. King introduced a unique style of solo guitar and heavily influenced many later electric blues guitarists.

B.B. King was inducted into the Rock and Roll Hall of Fame in 1987 having earned the nickname “The King of the Blues”.  Until well intohis 70’s, he performed, on average, at more than 200 concerts per year.

In 1956, he appeared in 342 shows.

Some may only recall a single memorable song when he collaborated with U2 in 1988 to play guitar and sing on “When Loves Comes to Town”.

B.B. King was married twice but bore no children to either marriage.  However, he estimated that he had 15 adopted and natural children to 15 different women.  To some extent King tried to take care of his children.  According to CNN, he set up a multimillion dollar education fund for his descendants.  In his memoir he wrote that every time a woman came to him and said a child was his, he assumed responsibility without argument.

The Will

The Will places B.B. King’s long time business manager in sole charge of administering his assets, his property and his trust. The trust documents have not been filed publicly.

With so many children eligible, and the fact that his children and grandchildren were left a mere $5,000 and $3,000 respectively, it is not surprising that a battle is brewing over the King estate.  This is especially the case since the vast majority of the estate is set aside in trust, to fund the education of his descendants.  King, who had limited access to formal education himself, wanted to ensure that those of his lineage would have the opportunity to go to college.

Lessons to be learned

Lesson #1: It is impossible to keep everyone happy.

King believed that in setting up the education trust, he would be distributing his assets according to the best interests of his large, complex and extended family.  Unfortunately, the happiness of one’s beneficiaries is never guaranteed.  Greed is greed.

Lesson # 2 You have more control than you think.

It is possible to set up various trusts and other mechanisms through your Will with a view to providing for family members in a manner that will enable you to maintain control over what that money is to be used for and who has the final say over how the money is spent.

This can be an excellent strategy in situations where children are fiscally irresponsible, when beneficiaries have alcohol or gambling issues (past or present),  or unable to care for themselves and provide accommodation.

Lesson #3 Inheritance Claims are often unavoidable

Even when your intentions are honourable you can’t guarantee that your beneficiaries won’t mount an inheritance claim against the estate.

Conclusion

Ultimately, the Court will look at the provision made for your beneficiaries.  Following this it may conclude that they require more control over their own funds.

With varied nature of Estate claims, it is not always possible to overcome and prevent each and every challenge that might arise after your death.

However, a skilled and experienced estate planning lawyer,  is able to bring to your attention risks that you may not even be aware of, workshopping thorough solutions (if any), and make alternative arrangements (if warranted) to at least reduce the risk or exposure to the value of your estate.

At Welden & Coluccio Lawyers we have the knowledge and expertise to counsel you through this very important aspect of estate planning.  We know that awesome Wills, those that continue to work hard for you beyond the grave, begin with meticulous estate planning.

Ok, so if my last blog about Wills (Nostradamus) was a bit of a stretch on celebrity, this one will surely break that string.  To be fair, even I feel bad calling this person a celebrity will, but hey, like I say, everyone needs a Will!!

A few weeks back my interest was piqued when I read a news headline suggesting that, according to a recently released Will,   “Osama bin Laden left millions of dollars to fund jihad.”

Osama bin Mohammed bin Awad bin Laden was born 10 March 1957 and was the founder of al-Qaeda, the organization that claimed responsibility for the September 11 attacks on the United States, along with numerous other mass-casualty attacks against civilian and military targets.  He was a Saudi Arabian and a member of the wealthy bin Laden family.

The Will

Apparently the document, dated 3 months after the September 11 attack, was seized by Navy SEALs in 2011, when they entered bin Laden’s hideout in Pakistan and killed him.  It was among a number of documents released into the public domain.

The Will is a single page document, handwritten in Arabic, which allegedly states he had over $AUD52M in Sudan which came to him from his brother.  Like any good Will should a number of gifts were outlined, including bequests of gold bars, diamonds and a Samsung 48-inch TV to family (as you do).  In the Will bin Laden states that he hopes his family will spend the rest on jihad for the sake of Allah.

Interestingly, as various reports claim, bin Laden also states a wish that his wives not remarry after his death and his children not join al-Qaida.

I presume his wives are not chomping at the bit to claim the document with the intent to carry out these specific wishes!

Conclusion

As always, bin Laden’s reminds us of the harsh reality that everyone needs a Will.   Everyone is going to die, at some point.  Even sadistic dictators.

It follows then, if you don’t want your wives to remarry….oh that’s right….next topic.

Greg Welden is a solicitor with more than 15 years’ experience in the Law.  His somewhat uncanny passion for all things related to Estate Law has seen him specialise in Estate Planning, Administration and Litigation.  Today, he is one of Adelaide’s most experienced solicitors in this field and is a regular contributor in both local and national conferences on the topic.

Nostradamus was born in 1503 and died on 2 July 1566 at the age of 66 years.

Since becoming aware that Nostradamus completed a Will, I have been curious to discover how a person with such acclaimed talents in prophecy would manage their estate and ultimate demise. After all, as lawyers, we regularly say to clients, “if you can tell me when you’re going to die I can tell you exactly what to do with your estate plan.”

Nostradamus is best known for his book Les Propheties, the first edition of which appeared in 1555. The book has been in near continuous publication since his death, attracting a following that, along with much of the popular press, credits him with predicting many major world events. Despite this, the majority of academic critics maintain that the associations made between world events and Nostradamus’s quatrains are largely the result of misinterpretations or mis-translations (sometimes deliberate), or else are so tenuous as to render them useless as evidence of any genuine predictive power. But that hasn’t stopped us looking.

Of particular note Nostradamus is attributed to predicting the death of the French King Henry II in the summer of 1559.

The young lion will overcome the older one, On the field of combat in a single battle;
He will pierce his eyes through a golden cage, Two wounds made one, then he dies a cruel death.

Indeed Henry did succumb to injuries following a jousting incident when a lance pierced his visor and the shards splintered, injuring his eye. While many of the details in the quatrain appear accurate, sceptics assert that some of the symbols are inconclusive or inaccurate.

Similarly, Nostradamus is credited to predicting the rise of Adolf Hitler more than 300 years before his birth.

From the depths of the West of Europe, A young child will be born of poor people,
He who by his tongue will seduce a great troop; His fame will increase towards the realm of the East.

and

Beasts ferocious with hunger will cross the rivers, The greater part of the battlefield will be against Hister.
Into a cage of iron will the great one be drawn, When the child of Germany observes nothing.

Hitler, who was born to poor parents in 1889 in Western Europe, used highly refined oratory skills to mobilize the Nazi party in Germany in the years following World War I. Germany, as a part of the Axis powers, also allied with Japan in the East. While many believe ‘Hister’ to be a typo, it’s also an old name for the Danube River.

The Will

By 1566, Nostradamus’s gout, that had plagued him for many years, turned into edema . On 17 June 1566 he summoned his lawyer to draw up an extensive Will, bequeathing his property plus 3,444 crowns (around $450,000 AUD today), minus a few debts, to his wife (pending her remarriage), and to a trust for his sons (pending their 25th birthdays) and his daughters (pending their marriages).
This was followed on 30 June 1566 by a much shorter codicil, essentially an addendum or addition, to the previous Will which still stands.

On the evening of 1 July, he is alleged to have told his secretary Jean de Chavigny, “You will not find me alive at sunrise.” The next morning, it was reported, he was found dead.
Interestingly, the opening paragraph of the Will includes the phrase “Just as there is nothing more certain than death, nothing is more uncertain than its hour”. This is a rather odd statement considering Nostradamus’ vocation isn’t it?

The Will is full of great lines which, some sadly, are no longer used in modern day estate planning. However, some I would advocate for their return, such as;

The latter [referring to Nostradamus himself], considering and being in his full understanding, resting well and seeing and understanding, and although all-told not being weakened, because of his ancient age and certain bodily illness, by which he is at present confined, wishes to provide while he is alive for his possessions that God the Creator has given him and lent him for this mortal world, to the end that after his decease and passing, there will be no question, process and difference over these possessions.

I suppose 66 in 1566 was considered to be an ancient age!

Firstly, as a good, true and faithful Christian, he has recommended his soul to God the Creator, begging Him that when it will be His good pleasure to call him, that it may please Him to collect his soul into the eternal Kingdom of Paradise.

There are many other specific gifts of a very small nature, each reflecting beliefs at the time relating to the continuance of good deeds and of provision for the clergy as encapsulated in the following paragraph.

He has also bequeathed, willed and ordered incontinent that six sous be given to each of thirteen beggars, one time only after his death. He has also bequeathed to the Friars of the Observance of Saint-Pierre-de-Canon one crown once only, payable incontinent after his death. He has also bequeathed to the Chapel of Notre Dame des Penitents-Blancs of the said Salon one crown payable once only incontinent after his death. He has also bequeathed to the Friars Minor of the Convent of St. Francis two crowns once only, payable incontinent after his death.

Conclusion

Nostradamus’ Will, although not necessarily complicated, is certainly lengthy and difficult to read through modern eyes. There is a prevailing belief in the community, that the style of writing use by lawyers has changed little in 500 years . I am inclined to disagree.

A carefully crafted Will and estate plan should consider each and every word, phrase and sentence in the context of the whole document. It is critical to remember that after your death you are not around to explain what it was you actually meant.

There are too many examples of small errors or ambiguities in Will documents that lead to very expensive Court applications. It is a very important document and each clause is inserted for a very important reason.

A Will that is too short may pose as many problems as a Will that is too long.
Irrespective of the language used, Nostradomus’ Will provides a fascinating insight into societal beliefs and values during the mid-sixteenth century. When examining this Will, one thing remains certain; while the jury is out as to whether or not Nostradamus knew when he was going to die, he was wise enough to ensure he had a Will before that day arrived.

Click here to see a copy of Nostradamus’ Will.