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The law
Where the rules of inheritance came from
The family fights behind estate law: the cases that made rules, the areas of law each kind of fight tested, and the legal traditions that decide who inherits.
Cases that made law
1797
Peter Thellusson locks his fortune away for three generations
Led to
The Accumulations Act 1800
Thellusson v Woodford (1799) 4 Ves 227; Accumulations Act 1800, 39 & 40 Geo. 3 c. 98
1682
The Duke of Norfolk ties his land to heirs not yet born
Led to
The rule against perpetuities
Duke of Norfolk's Case (1682) 3 Ch Cas 1
1979
Bela Lugosi's family sues over Dracula merchandise and loses
Led to
California's 1985 law on a dead star's likeness
Lugosi v. Universal Pictures, 25 Cal. 3d 813 (1979); Cal. Civ. Code § 3344.1
2001
Dale Earnhardt's widow asks a court to seal his autopsy photos
Led to
Florida's 2001 law closing autopsy photos
Earnhardt Family Protection Act, Fla. Stat. § 406.135 (2001)
Numbers 27
Zelophehad's daughters ask Moses for their father's land
Led to
Daughters inherit where there are no sons
Numbers 27:1–11
2004
Two girls in Khayelitsha are cut out of their father's house by custom
Led to
Bhe v Magistrate ends male primogeniture
Bhe v Magistrate, Khayelitsha 2005 (1) SA 580 (CC)
Legal traditions
Common law799 stories · Inheritance under English common law and the systems built on it, including the United States, Canada, Australia, Ireland and India.Civil law504 stories · Inheritance under the codes of continental Europe, Latin America and Japan, where children hold a reserved share a will cannot take away.Roman law62 stories · Roman wills, heirs and legacies, the source of much of the civil law of inheritance.Islamic law50 stories · Inheritance under Islamic law, where the Qur'an fixes shares for named relatives, and the waqf endowments families used alongside it.Jewish and biblical law32 stories · Inheritance in biblical and Jewish law, from the daughters of Zelophehad onward.Hindu law17 stories · Inheritance under Hindu law, the joint family and its property.Chinese and East Asian law70 stories · Inheritance in China, Japan, Korea and Southeast Asia, from imperial houses to family companies.Customary law40 stories · Inheritance under customary, tribal and feudal rules, and the courts that changed them.Royal and church law214 stories · Succession to crowns and titles, peerage claims and the church's law of inheritance.
Secret children and false heirs
Who counts as a child and an heir
Without a will, state intestacy law picks the heirs, and the court must rule on every claim of kinship before the estate can be divided.2016 · Prince died without a will, more than 45 people claimed to be his relatives, and his estate took 6 years and a tax court case to divideControl of a body passes to the legal next of kin, so a guardian acting for a 5-month-old child can outrank the dead woman's mother and partner.2007 · Anna Nicole Smith's body went to her 5-month-old daughter's guardian after a Florida judge wept through the ruling, and DNA named the girl's fatherA denied child who is later included in the will has no estate fight to bring, which is the result a timely acknowledgment would also have given.2011 · Steve Jobs swore he was sterile to avoid paying for his daughter, lost on a blood test, and later left her millionsA divorce that ends in debt carries into the estate, and the ex-spouse's claims follow the children.1985 · Ricky Nelson died in a plane fire owing money; his ex-wife tried to take over the estate, lost, then fought her brother Mark Harmon for custody of their sonA will that does not provide for children born later leaves a posthumous child's share to statute and family agreements.2018 · XXXTentacion was shot dead at 20, and his son was born seven months later outside his willA will that names one person for everything shapes the family's suspicions for decades when a death is never explained.1978 · Bob Crane was bludgeoned to death in 1978, left everything to his estranged second wife, and the 1994 acquittal and 2016 DNA retest never named a killer
All 110 stories in this galleryCut out of the will
Forced heirship and the spouse's share
A will must be updated when a child is born; Matilda's inheritance depended on her grandparents' goodwill.2008 · Heath Ledger's will was written before his daughter was born and left her nothingAn estate inventory that lists each valuable item gives heirs the proof they need to reclaim it if it is stolen and resold years later.1980 · John Lennon's diaries and watch were stolen from Yoko Ono's home and taken to Berlin; Switzerland's top court ruled the watch hers in 2024A detailed no-contest clause, combined with real gifts to each heir, gives every heir something to lose by suing.1998 · Frank Sinatra's will disinherited any family member who challenged it, listing 13 forbidden legal actionsAshes divided among many hands become property that heirs can fight over; a will should say who holds them and where they go.2004 · Marlon Brando's $21.6 million will left out one child, and a son's girlfriend scattered part of his ashesA will that cuts out a child is sturdier when it repeats an earlier will and a lawyer records the testator's clarity at signing.2000 · Hedy Lamarr's adopted son sued in Florida in 2000 over a will that left him nothing from her $3.3 million estateA will that names some children and omits others without explanation invites a challenge, and a royalty share won later can still leave the excluded heir outside every decision.1991 · Miles Davis's will left nothing to two of his sons, and the eldest wrote a book blaming his aunt and sister
All 51 stories in this galleryNew wives, nurses and girlfriends
Undue influence and capacity
A will that cuts out a child is sturdier when it repeats an earlier will and a lawyer records the testator's clarity at signing.2000 · Hedy Lamarr's adopted son sued in Florida in 2000 over a will that left him nothing from her $3.3 million estateA health care directive can name who may visit and who must be told of a death, which a conservator then has to follow.2011 · Peter Falk's daughter lost a conservatorship fight to his widow and then pushed for a lawA will signed well before a dementia diagnosis is hard to attack for lack of capacity, which is why early signing protects the plan.2017 · Glen Campbell's wills cut out three of his eight children, and they challenged his capacity after Alzheimer'sLand bought abroad against a local ownership law can be taken back by a court, and the heirs inherit only the lawsuit.2001 · Anthony Quinn bought 29 acres on Rhodes in 1960, a Greek court cancelled the sale in 1984, and he died before he was repaidHis directive settled the end-of-life decision; nothing settled who controlled the body, so the surviving spouse did.2014 · Casey Kasem's wife and children fought over his care until he died, then she took his body to NorwayA settlement release that covers unknown claims can bar a later fraud suit, and the settlement's confidentiality terms can be sued on decades later.1999 · Fred Trump's grandchildren contested his will in 2000, and Donald Trump and 2 siblings cut off health insurance for them and an ailing baby
All 61 stories in this galleryForged and faked wills
Proving that a will is real
A creditor can claim against a dead person's trust with forged loan papers, and the trustee has to go to court to stop the foreclosure sale.2023 · Lisa Marie Presley's trust was told it owed $3.8 million on Graceland, and the Missouri woman who forged the loan got 57 months in prisonIntestacy with 11 children and offshore companies invited fraud; a will with an independent trustee would have closed the gap.1981 · Bob Marley died without a will, and his widow forged his signature to move his companies into her nameWithout a valid will, intestacy rules choose the heirs, and a disputed domicile can let 2 states claim death taxes on the same estate.1976 · Howard Hughes left no valid will, a jury found the Mormon will naming Melvin Dummar a forgery, and Texas and California fought over his death taxesA will that cuts out a child is sturdier when it repeats an earlier will and a lawyer records the testator's clarity at signing.2000 · Hedy Lamarr's adopted son sued in Florida in 2000 over a will that left him nothing from her $3.3 million estateA trust should name a co-trustee or protector who can demand accounts, because a sole trustee who is also the manager has no one checking him.2016 · Leonard Cohen's manager emptied his retirement fund, and after his death his children found a forged page in his trustOne adviser who holds the books, the trust account and the investments leaves no second set of eyes on the money.2019 · Doris Day's husband died in 1968 and she learned her lawyer and her husband had lost her earnings; a court awarded the couple $26,396,511
All 37 stories in this galleryDied without a will
Intestacy: the state writes the will
Without a will, state intestacy law picks the heirs, and the court must rule on every claim of kinship before the estate can be divided.2016 · Prince died without a will, more than 45 people claimed to be his relatives, and his estate took 6 years and a tax court case to divideWhen the heirs of an intestate estate hold it through a family corporation, a board majority can vote to sell heirlooms over another heir's objection.1968 · Martin Luther King Jr.'s estate sued his daughter in 2014 to take his Nobel medal and Bible for sale, and a judge locked both in a bank boxA musician with no will leaves his band partnership, his songs and his instruments to whoever survives him, and each becomes a separate lawsuit.1994 · Kurt Cobain left no will; his widow sued his bandmates for Nirvana, sold a quarter of his songs, and his Unplugged guitar went to his daughter's ex-husbandIntestacy with 11 children and offshore companies invited fraud; a will with an independent trustee would have closed the gap.1981 · Bob Marley died without a will, and his widow forged his signature to move his companies into her nameA company owned 50-50 by two family members needs a working tie-break rule before one of them dies.1997 · The Notorious B.I.G.'s mother and widow co-owned his catalog; after the mother died, her trustee sued the widow and wonA signed handwritten note can be a valid will, and a later note found in a notebook can override an earlier will kept under lock and key.2018 · Aretha Franklin's 2014 will was found in a notebook under her couch cushions, a jury upheld it in 2023, and her estate was still open in 2026
All 60 stories in this galleryBrothers and sisters in court
Executors' and trustees' duties
Without a will, state intestacy law picks the heirs, and the court must rule on every claim of kinship before the estate can be divided.2016 · Prince died without a will, more than 45 people claimed to be his relatives, and his estate took 6 years and a tax court case to divideA trust that lets trustees decide whether a beneficiary is ready can keep one heir from his money for decades.1993 · Walt Disney's twin grandchildren split over a $400 million trust after the trustees paid one twin and refused the otherUnequal shares plus control in the hands of some heirs makes the others outsiders to a family name they also carry.1993 · Gail Zappa left two of her children control of Frank Zappa's estate, and Dweezil was told he could not use his own surname for his bandA parent who names a guardian in a will decides who raises the child; one who does not leaves it to a judge.2019 · Nipsey Hussle was shot dead outside his store, and his family took guardianship of his daughter from her motherA will can make a beneficiary's share depend on not blocking the majority, and a court will enforce it.2020 · Little Richard's brother emailed the buyer about elder abuse and racism, the buyer withdrew its offer for the estate's rights, and the court took away his shareA will that does not provide for children born later leaves a posthumous child's share to statute and family agreements.2018 · XXXTentacion was shot dead at 20, and his son was born seven months later outside his will
All 108 stories in this galleryConditions from the grave
Conditions and the rule against perpetuities
A detailed no-contest clause, combined with real gifts to each heir, gives every heir something to lose by suing.1998 · Frank Sinatra's will disinherited any family member who challenged it, listing 13 forbidden legal actionsA family name without income does not keep a house; this one survived on a relative's gift and a buyer's covenant against demolition.1977 · Jacqueline Onassis paid to stop her aunt's eviction from Grey Gardens, and the house sold for $220,000 on condition it not be torn downA will not updated after a new child or marriage gives both a claim; Brown's 2000 will predated his son.2006 · James Brown left his fortune to educate poor children, and 15 years of lawsuits came before the estate sold for about $90 millionInstructions written outside the trust document, such as a mission statement, do not bind the trustees unless the trust document adopts them.2007 · Leona Helmsley left $12 million in trust for her dog Trouble and nothing to 2 grandchildren, and a judge cut the dog's trust to $2 millionA sealing instruction lasts only as long as the person enforcing it, and that person can extend it alone.1954 · Diego Rivera locked Frida Kahlo's bathroom after she died, and her clothes and papers stayed sealed for 50 yearsA will that names a caretaker as equal heir with a child invites a criminal case, and the estate pays for it.2023 · Gina Lollobrigida left half her estate to an assistant who was convicted of exploiting her, and her son says €10 million is gone
All 40 stories in this galleryBodies, bones and burials
Who controls the remains
A will that sets payment in installments and an age for a minor's share controls the money long after the funeral is over.2016 · David Bowie was cremated two days after he died with no one present, and his will asked for his ashes to go to BaliFamilies can sue the government over how it treats a body, and a jury will value that privacy in millions.2020 · Deputies and firefighters shared photos of Kobe Bryant's remains, and his widow won $28.85 million from Los Angeles CountyAshes divided among many hands become property that heirs can fight over; a will should say who holds them and where they go.2004 · Marlon Brando's $21.6 million will left out one child, and a son's girlfriend scattered part of his ashesA death certificate can be amended decades later, so the cause of death on the first record is not final.1981 · Natalie Wood drowned off Santa Catalina Island in 1981, and in 2012 the Los Angeles coroner changed her death certificate to "drowning and other undetermined factors"Control of a body passes to the legal next of kin, so a guardian acting for a 5-month-old child can outrank the dead woman's mother and partner.2007 · Anna Nicole Smith's body went to her 5-month-old daughter's guardian after a Florida judge wept through the ruling, and DNA named the girl's fatherA band member who dies without a written buyout term leaves his heirs dependent on whatever arrangement the surviving members choose to keep.2002 · Layne Staley's mother was paid his Alice in Chains share for ten years, then sued his bandmates when they ended it
All 316 stories in this galleryBurned papers and destroyed work
Literary executors and copyright
An estate inventory that lists each valuable item gives heirs the proof they need to reclaim it if it is stolen and resold years later.1980 · John Lennon's diaries and watch were stolen from Yoko Ono's home and taken to Berlin; Switzerland's top court ruled the watch hers in 2024Papers given away in life belong to the person who received them, and an estate that sues to get them back has to prove the gift never happened.2023 · Harry Belafonte tried to sell Martin Luther King Jr.'s papers, King's children said they were wrongfully taken, and Belafonte sued them and kept the papersPartners who do not marry do not receive the spousal estate-tax exemption, and the tax comes out of the same estate.2014 · Philip Seymour Hoffman left an estimated $35 million to Mimi O'Donnell, whom he never married, and refused a trust for his three childrenA musician with no will leaves his band partnership, his songs and his instruments to whoever survives him, and each becomes a separate lawsuit.1994 · Kurt Cobain left no will; his widow sued his bandmates for Nirvana, sold a quarter of his songs, and his Unplugged guitar went to his daughter's ex-husbandA gift of papers needs a signed deed, because a promise made in life does not bind the heir.1982 · Ayn Rand's heir kept the first and last pages of The Fountainhead manuscript; the Library of Congress took them from his home in January 2002A will that does not name the right of publicity leaves its transfer and its length to state law, and a court may end it 50 years after death.1955 · Albert Einstein's publicity rights ended in 2005, a judge ruled, defeating Hebrew University's suit over a GM ad with his face on a muscled body
All 109 stories in this galleryMurder and sudden death
The slayer rule and simultaneous death
When the heirs of an intestate estate hold it through a family corporation, a board majority can vote to sell heirlooms over another heir's objection.1968 · Martin Luther King Jr.'s estate sued his daughter in 2014 to take his Nobel medal and Bible for sale, and a judge locked both in a bank boxAn estate that carries large debts and several lawsuits can be insolvent before the children reach adulthood.1967 · Jayne Mansfield's estate was appraised at $600,000 in 1967; by 1977 her children found about $500,000 in debts and the estate insolventA family with no estate to fight over can still hold power after a death through the rights the law gives victims.1969 · After Sharon Tate's murder her mother Doris backed California's 1982 Victims' Bill of Rights and became the first victim's relative to speak at a state parole hearingA company owned 50-50 by two family members needs a working tie-break rule before one of them dies.1997 · The Notorious B.I.G.'s mother and widow co-owned his catalog; after the mother died, her trustee sued the widow and wonA defendant's death can change what his estate owes victims, and the rule that decides it can be rewritten after he dies.2017 · Aaron Hernandez's suicide wiped out his murder conviction, and two years later the state's top court put it backCopyrights survive an insolvent estate and can pay out to children decades after the creditors are gone.1984 · Marvin Gaye was shot dead by his father, left no will and $9 million in debt, and his children won the "Blurred Lines" case
All 328 stories in this galleryCrowns and succession
Succession, primogeniture and regency
A creator who divides his life between a wife and a partner, and his film rights among investors, leaves each of them a veto over the others.1985 · Orson Welles's daughter Beatrice sued his partner Oja Kodar, fought her over The Other Side of the Wind, and lost her claim to the Citizen Kane copyrightAn abdication settlement is a contract, and hiding assets during it costs the trust it depends on.1972 · Edward VIII gave up the throne, sold Sandringham and Balmoral to his brother, and hid how much money he hadA sealed will blocks outsiders, including claimants with no case, from using the estate as evidence.2002 · A Jersey accountant sued to open Princess Margaret's sealed will to prove he was her secret sonA will that treats one child differently from the others shapes family relations long after the funeral.1936 · George V's doctor injected him with morphine and cocaine so his death would make the morning papersA family rule that removes members on marriage reduces the pool of heirs each generation.2021 · Japan's Princess Mako refused a ¥140 million payout to marry a commoner and lost her royal statusAn heir can renounce an inheritance in advance to separate his own position from his father's money.2014 · Spain's King Felipe renounced his father's inheritance after a $100 million Saudi payment came to light, and Juan Carlos left for Abu Dhabi
All 361 stories in this gallerySeized by the state
Estate tax, confiscation and restitution
A will that pours everything into a private trust keeps the shares out of the public file, but the executors' fees and payments still need court approval and any beneficiary can object to them.2009 · Michael Jackson's estate put its value at $5.1 million, the Tax Court set $111.5 million, and a judge later ordered $625,000 in bonuses returnedWithout a will, state intestacy law picks the heirs, and the court must rule on every claim of kinship before the estate can be divided.2016 · Prince died without a will, more than 45 people claimed to be his relatives, and his estate took 6 years and a tax court case to divideThe state of residence an estate claims to reduce its taxes can decide, decades later, which state's publicity law governs the dead person's name and image.1962 · Marilyn Monroe's executor told tax officials she lived in New York, so a court barred her estate's company from claiming California image rightsA tax shelter that the IRS later disallows makes the investor, not the adviser, liable for the tax plus interest and penalties, and those can exceed the original tax.1990 · The IRS seized Willie Nelson's ranch, studio and guitars over a $16.7 million tax bill, and fans bought them backA trust keeps the size of an estate out of probate court, so the public learns the sum only from a charity's tax return.2005 · Johnny Carson's trust gave his foundation $156 million after his death, and no public accounting of his estate has appearedAn estate that owes more tax than it holds pays the IRS first, and a widow left without cash is open to selling the remaining rights on bad terms.1990 · Sammy Davis Jr. died owing the IRS about $7 million, and his widow lost the rights to his name and music
All 239 stories in this galleryFortunes from conquest and slavery
Title to taken wealth
A bequest of the whole estate to an institution can send the money one place and the papers another.1995 · Patricia Highsmith left her whole estate, over $3 million, to the Yaddo artists' colony, and her papers went to the Swiss Literary ArchivesA will cannot carry out its gifts when the estate is insolvent; Jefferson's debts outranked every family he had.1826 · Thomas Jefferson's will freed his two youngest sons by Sally Hemings, and his debts sent 130 enslaved people to auctionA gift from a government to a monarch splits into crown property and family property, and the family property passes by private will.1953 · The Transvaal bought the largest diamond ever found as a birthday gift for Edward VII, the cutter kept the smaller stones as his fee, and South Africans petition for its returnA will that leaves everything to a spouse puts the family's land under her will, so she decides whether it becomes a park.1916 · Jack London left nearly his entire estate to his wife Charmian in 1916; she kept the ranch, evicted a biographer, and her 1938 will turned it into a state parkA man who dies abroad without a will lets a colonial auctioneer set the price of his life's work.1903 · Paul Gauguin died in the Marquesas with no will, the colony auctioned his paintings for a few francs, and his widow Mette got about 4,000 francsA known grave of a very rich person is an asset someone can steal; the family paid for security only after the theft.2006 · Thieves stole the coffin of Friedrich Karl Flick, heir to a Nazi-era fortune, from his Austrian mausoleum
All 79 stories in this galleryGiven away
Charitable trusts and family foundations
A will that pours everything into a private trust keeps the shares out of the public file, but the executors' fees and payments still need court approval and any beneficiary can object to them.2009 · Michael Jackson's estate put its value at $5.1 million, the Tax Court set $111.5 million, and a judge later ordered $625,000 in bonuses returnedA collector who directs the sale of her possessions to a foundation turns objects into a gift that no heir can contest.2011 · Elizabeth Taylor's jewelry sold for $137,235,575 at Christie's in December 2011, the most ever paid for a jewelry collection, with the proceeds going to her foundationPapers given away in life belong to the person who received them, and an estate that sues to get them back has to prove the gift never happened.2023 · Harry Belafonte tried to sell Martin Luther King Jr.'s papers, King's children said they were wrongfully taken, and Belafonte sued them and kept the papersA will that names only a spouse, with no backup beneficiary, lets the order of two deaths decide where the money goes.2025 · Gene Hackman and his wife were found dead a week apart, and his children are fighting wills that leave them nothingPaying the estate lawyer on a share of value gives the lawyer and the heirs opposite interests in the appraisal.1987 · Andy Warhol's foundation valued his art at $95 million; a court said $390.9 million, and his estate lawyer was paid on the differenceA founder who gives away most of an estate can prevent disputes by telling heirs in life.2020 · Kirk Douglas left most of a $61 million estate to charity and nothing to his son Michael
All 120 stories in this gallery