Wills and Robin Williams: Can the genie be let out of the bottle again?

It has been over a year since the passing of one of Hollywood’s most successful and revered actors. Robin Williams, who took his own life, still features in today’s headlines but not as a result of the success of his posthumous films. In the most recent story, Mr Williams is reported to have taken steps to ensure that one of his most famous roles is not resurrected in the future.

It has been reported that Mr Williams’ Will makes specific reference to his role as ‘The Genie’ in Walt Disney’s classic Aladdin. The Walt Disney Company, according to recent reports, currently has access to all of the outtakes from his studio recording sessions from the 1994 smash hit. Reports suggest that Disney could, in theory at least, use this material in order to resurrect Williams’ iconic character in a sequel. This thought had apparently crossed Williams’ mind and made him uncomfortable. It has been reported that his Will forbids the use of his name, voice work or recorded performances or any voice work for a period of twenty-five years from the date of his death.

Mr Williams stipulation is understood to have been motivated, in part, by care for his family, in order for them to avoid any financial difficulties following on from the release of movies he features in after death. However, it is reasonable to assume that his intention was also to preserve the integrity of his work, and not to allow its use for anything other than what he would have intended. This situation raises an interesting question: could the terms of Mr Williams’ Will be challenged? At Szabo & Associates, Solicitors we work with clients who often ponder the same question when they learn of the intentions of loved ones who have passed on, after they become privy to the terms of their Will. In this blog post, our team review the law on contesting the terms of a Will. 

Questioning the terms of a loved one’s Will – Can it be challenged?

There is a great deal of importance attached to any Will that a recently deceased person has made. In law, this is the only true record of what their personal intentions were for how their property – their home, heirlooms, investments etc. – are to be divided up among their surviving family and friends. In light of this, it is important to understand that the courts will generally be reluctant to interfere with the terms of a Will.

However, it would be incorrect to state that there is no legal basis for challenging the terms of a Will. Put simply, it is possible to question a Will, but there are only a few grounds on which a challenge can be based.

Raising an objection to a Will – What are the grounds for challenge?

There are three distinct bases on which the challenge to the terms of a Will can be based:

Lack of mental capacity

There are instances where people decide to make a Will and even instruct a solicitor to draft the finalised document, but lack the mental capability to understand the terms of the document that they have created.

The evidentiary burden on claiming that a Will is not valid for reasons of mental capacity is significant, and will be for you as the party bringing the challenge to discharge. In order for a court to be convinced of a lack of mental capacity on the part of the person who drafted the Will, you will need to provide proof that they lacked said capacity in life. This can be difficult, in that you do not have the luxury of having your loved one present in order to demonstrate their mental powers. Furthermore, the law has been framed so as to recognise that people can live with mental conditions which impair their understanding from time-to-time, but remain fully conscious of the consequences of their decisions.

It is difficult to challenge a Will on the basis of a lack of mental capacity. However, with the help of expert medical evidence, and the guidance and support of experienced legal counsel, it is possible for a challenge to the terms of a Will to succeed on this ground.

Lack of provision

You may feel that your position in your family, or your relationship with the deceased, has not been accurately reflected in your inheritance, e.g. the granting of a maintenance allowance, or financial provision for further study etc. If so, then you may be able to raise a challenge to the Will’s terms for a lack of provision.

Legally, not all members of deceased’s family are entitled to further provision. The law only attaches importance to those who are able to demonstrate that they are in particular need, or that they are owed more on moral grounds, than what they had been given by the deceased in their Will.

Ultimately, it will be for the courts to determine whether or not you have been adequately provided for, and it takes a lot of different things into consideration to do so. It will consider your financial standing, the value of the estate that you are claiming a larger entitlement to and the nature of the relationship you had with the deceased. While you should keep in mind that the court’s primary intention will be to be fair to all parties concerned – including the deceased – where there is a convincing argument supported by credible evidence, a court may permit a challenge to the terms of a Will on entitlement grounds.

Undue Influence

If you have a suspicion that the terms of the deceased's Will are not their own, then there may be sufficient cause to raise a concern of undue influence having been exercised on them. This involves someone who the deceased knew and trusted, and stands to benefit under the Will, using their position to their betterment and the detriment of others.

You should also be aware that the law restricts the groups of people who can challenge the Will. This is largely to confine the number of challenges that are made against a Will to those who are likely to have been closest to the deceased in life, and avoid spurious actions being raised. While challenging, where there is a credible belief that undue influence has been exercised on the deceased, and there is factual evidence that an experienced solicitor will be able to use effectively, there is scope for a claim of undue influence.

Contact Szabo & Associates, Solicitors

If you have concerns about a deceased loved one’s Will, you should consult with an experienced legal advisor who will be able to assess your concerns. At Szabo & Associates, Solicitors, we understand that you may be nervous about the prospect of challenging a Will. While it is wise to be cautious, as the law will not permit any interference with someone's Will without good cause, if you believe there is a real need for a Will’s terms to be subject to judicial examination then our team of lawyers can help you. We have many years experience in advising on, and in challenging the terms of Wills in the courts. If you would like to speak about your concerns with a solicitor who will provide you with an objective view on the merit of challenging a will, contact expert lawyer George Szabo today.