Gene Hackman, the legendary Hollywood actor, was known for his remarkable film career with an impressive array of roles in films like The French Connection, Unforgiven, and The Royal Tenenbaums. Hackman amassed not only fame but also a significant fortune over his career. However, his personal life has now become just as intriguing as his on-screen performances. as it has come to light that Hackman left his children out of his Will.
A decision to exclude children from your Will is a Will-maker’s right but it is a decision which needs to be carefully considered.
Hackman’s estate will be administered according to New Mexico probate laws. It’s worth considering how this scenario might play out if Hackman lived in Victoria.
The legal framework
In Victoria, inheritance laws are largely governed by the Wills Act 1and the Administration and Probate Act. Under these laws, a person is free to create a Will that outlines how their assets should be distributed after their death. However, there are specific legal mechanisms in place to ensure that certain family members, such as children, are not unfairly disinherited.
Family provision claims
One of the key provisions in Victoria’s inheritance law is that of a family provision claim. Part IV of the Administration and Probate Act allows eligible family member, such as children to challenge a Will if they believe they have been left out or have not been provided for adequately.
With Hackman’s decision to leave his children out of his Will, his children could potentially file a family provision claim. The court would firstly assess whether Hackman owed a moral obligation to provide for his children and secondly, that the provision they receive under the Will is not adequate for their proper maintenance and support.
In weighing up the merits of a claim and deciding whether to award any provision to the claimant, the Court must consider the terms of the Will, the reasons as to why the deceased made the Will as they did, and any other evidence about the deceased’s intentions in relation to providing for the claimant.
The Court may also consider a number of other factors, including:
- the size and nature of the estate;
- the claimant’s financial situation and relationship with the deceased;
- the age, health and any disability of the claimant or any beneficiary; and
- the competing needs of the named beneficiaries (that is, if the Court were to decide in favour of the claimant, what effect would this have on the deceased’s intended beneficiaries?).
How can Nevett Ford help?
If a child or other eligible person is excluded from a Will, they may have the right to bring a family provision claim against the estate.
Court’s assess each case on its individual merits with over 90% of claims made against an estate settle at mediation.
Our Wills and Estates Team can provide you with expert legal advice and guidance throughout the entire process. By seeking our assistance we will help you claimant understands your rights and maximise your chances of a favourable outcome in your family provision claim.
This case also shows the importance of ensuring that a Will-maker considers potential claims against their estate when drafting their Wills.. If you are considering drafting or updating your Will, our Wills and Estate Team can ensure your wishes are respected and that your Will complies with relevant laws.
For more information, contact us on 03 9614 7111 or by email at melbourne@nevettford.com.au.