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Well known interviewer Larry King died on January 23, 2021 from complications arising out of COVID-19. He was 87. He is survived by his spouse Shawn King (née Southwick) and three adult children (all over the age of 19). According to news reports, Shawn King says that Larry King had a comprehensive and “watertight” estate plan set up in 2015. The 2015 estate plan dealt with all Larry King’s assets (estimated at up to 150 million USD). The 2015 estate plan includes a Will and trusts set up for Shawn and Mr. King’s children. Shawn is named as an executor of a Will.
However, even before his death, the status of Mr. King’s estate plans were in doubt because he and Shawn were in the process of getting a divorce. Mr. King filed for divorce in August 2019. At the time of death, they had been living apart for over 3 years. If B.C. law applied to this case, Shawn King would likely not be considered a “spouse” for the purposes of dividing up Larry King’s estate. However, she would still be entitled to her share of the family assets in the divorce proceedings. Larry King’s estate would only be determined after Shawn received her portion of the family property in the divorce proceedings.
The ‘Secret’ Will
In February 2021 one of Larry’s children produced a handwritten Will that he says was written by his father on October 17, 2019 – two months after the divorce papers were filed.
The handwritten Will revokes any “…previous writings…” and leaves “…100% of my funds to be divided equally among my children…”
The handwritten Will appears to be signed at the end by Mr. King and by two witnesses. The handwritten Will completely cuts Shawn out from any entitlement to the estate. She is disinherited.
Surprise changes to an estate plan can be legal
Can a secret Will stop you from getting an inheritance? Maybe. If the secret Will is legally valid and fair (as determined by a court), then a Will-maker can cut a spouse or a child out of an inheritance or even drastically reduce the amount they were entitled to under a previous Will. However, any act of disinheriting a spouse or child may still be challenged by that spouse or child.
The right to challenge the Will is granted by the Wills Estates and Succession Act. In British Columbia, only spouses and children have this right. The deceased Will-maker’s parents, siblings, or grandchildren do not have a right to challenge the Will.
Ultimately a court will decide
When a secret Will is found that radically changes an older Will, B.C. Courts must decide which Will is the true last wishes of the Will-maker. Some of the questions the Court will want answered include: When was the Will created? Who wrote it up? What was the Will-maker’s physical and mental condition at the time the Will was created? Who benefits from the changes in the Will? Who loses out? Was the Will-maker unduly influenced (essentially forced) to make the secret Will? These are just some of the important questions that a court will consider when faced with a surprise Will.
A ‘battle of Wills’
Determining which Will is the true last wishes of a Will-maker can be very complicated – too complicated to address in this short post. A battle of Wills is won by providing the Court with strong evidence supporting the validity of one Will over the other.
Get estate litigation advice right away
Because of the complexities in this area of law, it is best to get legal advice right away to ensure the strongest and best evidence is collected early in the dispute. If you or a loved one are facing a battle of Wills, give us a call at Legatum. We are happy to listen and provide you with some insight into your legal options.
