Wills, Trusts & Estates Prof Blog

Friend's compassion—even in death—inspired my own 'David's Will'

David Breaux, known as the "Compassion Guy" in Davis, California, for his dedication to spreading compassion. After his tragic murder, his wish to forgive his killer inspired the author, Tom Williams, to write a "David's Will" outlining his own wishes if killed. This will emphasizes forgiveness, restorative justice, and ending cycles of violence.

Williams believes a "David's Will" can prevent family conflict over justice and reduce calls for revenge. By making these wishes clear, individuals can contribute to breaking cycles of violence.

The author also reflects on how violence affected him personally, including the murder of another friend in a mass shooting. Creating his will became a way to honor his losses and foster peace. Williams encourages others to consider making similar commitments to compassion.

For more information see Tom Williams "Friend's compassion—even in death—inspired my own 'David's Will'" ABA Journal, October 2, 2024. 

 

People Without Kids Are Leaving Money to Surprised Heirs

As childlessness becomes more common, especially among older generations, many estates are being inherited by distant relatives, charities, or even pets. Without children to pass on their wealth, many individuals, particularly those without wills, unintentionally leave their assets to extended family members they may have little contact with. This trend has led to what estate planners call "laughing heirs," who unexpectedly receive inheritances.

Childless individuals are also more likely to leave their money to causes and friends. Some people, like Kelley Gilpin McKeig, who inherited money from a distant cousin, are prompted to create or update their wills to ensure their assets go to those they care about. Pets, too, are becoming common beneficiaries, with people like writer Rebecca Fornwalt and financial coach Susan Lassiter-Lyons leaving provisions for their animals in their estate plans.

A significant concern for childless individuals, beyond inheritance planning, is ensuring they have support in old age. Without children to rely on for help, such as medical care or daily tasks, many wonder who will assist them as they grow older. Financial advisors stress the importance of planning for both retirement and care needs, and of choosing executors who will honor their wishes.

For more information see Tali Arbel "People Without Kids Are Leaving Money to Surprised Heirs,"The Wall Street Journal, October 2, 2024. 

Special thanks to Joel C. Dobris (Professor of Law, UC Davis School of Law) for bringing this article to my attention.

The ACTEC Foundation Announces The Dennis I. Belcher Young Leaders

Washington, DC, October 3, 2024: John T. Rogers, Jr., President of The ACTEC Foundation, and Stacy E. Singer, Chair of the ACTEC Diversity, Equity & Inclusivity Committee, are pleased to announce the Tenth Class of Dennis I. Belcher Young Leaders.

The Dennis I. Belcher Young Leaders program was designed to foster scholarship and education in trust and estate matters, promote diversity and inclusivity, and encourage the development of potential ACTEC Fellows. Initiated in collaboration with the American Bar Association Real Property, Trust and Estate Law Section (RPTE) Fellows Program, this program provides successful graduates of the two-year RPTE program an opportunity to extend their participation in RPTE leadership activities through the financial support of The ACTEC Foundation. In March 2018, the program was named after Dennis I. Belcher, ACTEC President 2009–2010, a leader of the College and mentor to many young trust and estate lawyers.

John Rogers offers his congratulations to the recipients: 

"I am pleased to extend a warm welcome to the distinguished members of the Tenth Class of Dennis I. Belcher Young Leaders. These five exceptional individuals embody excellence in the trusts and estates field, and we are excited to have them as key participants in our program over the next two years. Congratulations to each of them on this significant achievement."

The ACTEC Foundation 2024–2026 Class of Dennis I. Belcher Young Leaders are:

Claire N. Carrabba
Counsel
Dungey Dougherty PLLC

“It is an honor to be selected as a Dennis I. Belcher Young Leader, and I look forward to not only continuing my work as an RPTE leader, but also becoming more involved with the ACTEC community. I am so grateful to both RPTE and ACTEC for creating opportunities for attorneys in the field to advance, collaborate, and excel, and I am thrilled to be a part of both esteemed organizations.”

Nathan Samuel Catanese

Of Counsel

Steptoe & Johnson PLLC

“I am honored to be selected to join this year’s ACTEC Dennis I. Belcher Young Leaders Program. I look forward to continuing to work with leadership in the American Bar Association Real Property, Trust and Estate Law Section as part of the Young Leaders Program. RPTE has been instrumental in my growth as a trust and estate professional, and I am excited to continue engaging with my RPTE colleagues. I am also looking forward to connecting with leaders in the field who are ACTEC Fellows. I am grateful to The ACTEC Foundation for its support of young practitioners in the trust and estate field.”

Nickolas Kyle Davidson

Senior Manager
Ernst & Young LLP

“I am both honored and humbled to be selected to the 2024–2026 Class of Dennis I. Belcher Young Leaders The support of ACTEC and the continued mentorship of its many Fellows inspires me to support other young lawyers who may be interested in joining the trust and estate community. I look forward to expanding my role with the RPTE Section and supporting the work of ACTEC.”

Briana Elise Loughlin

Counsel
Perkins Coie LLP

“I am excited to be accepted into the Dennis I. Belcher Young Leaders Program. I look forward to continuing my involvement with RPTE leadership, and I am grateful for The ACTEC Foundation’s support. These organizations are vital to the progress of the trust and estate practice area.”

Chelsea Rubio

Director, Associate Wealth Strategist

UBS Financial Services Inc.

“I am honored to have been selected for the Dennis I. Belcher Young Leaders Program, which represents a unique opportunity to advance my knowledge in trust and estate law while promoting diversity and inclusivity in the profession. This program, in collaboration with the American Bar Association’s Real Property, Trust and Estate Law Section, allows me to continue my involvement in leadership activities and contribute meaningfully to the legal community. I look forward to further developing my skills, building connections, and working toward becoming an ACTEC Fellow with the support of The ACTEC Foundation.”

The Dennis I. Belcher Young Leaders Program provides lawyers with an in-depth introduction to ACTEC and its role in the trust and estate community and encourages active engagement in responsibilities that support future eligibility for nomination as an ACTEC Fellow. Young leaders are offered tuition-free attendance for ACTEC/ALI CLE webinars and financial support to attend ABA/RPTE Section Meetings, and they are invited to attend ACTEC Regional and State Meetings.  Since this program was established in 2015, fifteen Dennis I. Belcher Young Leaders have been elected to the College. 

About The ACTEC Foundation: The ACTEC Foundation is the philanthropic arm of the American College of Trust and Estate Counsel (ACTEC). The Foundation is a nonprofit 501(c)(3) that promotes scholarship and education for families and professionals and supports students interested in the trust and estate area of the law. Through continued financial support, The ACTEC Foundation offers professional development, scholarships, and education for a number of important efforts, including legal education, educational support, public initiatives, legal publications, and the student editorial board for the ACTEC Law Journal. 

About the American College of Trust and Estate Counsel (ACTEC): Established in 1949, the American College of Trust and Estate Counsel (ACTEC) is a national, nonprofit association of approximately 2,400 lawyers and law professors throughout the United States and abroad. ACTEC members (Fellows) are peer-elected on the basis of professional reputation and expertise in the preparation of wills and trusts, estate planning, probate, trust administration, and related practice areas. The College's mission includes the improvement and reform of probate trust and tax laws and procedures, and professional practice standards. ACTEC frequently offers technical comments with regard to legislation and regulations but does not take positions on matters of policy or political objectives.

John Amos' Daughter Reveals She Learned About His Death From The News: 'Devastated'

Shannon Amos is sharing that, despite her father reportedly having passed away in August, she only heard the news on Tuesday — “through the media,” like the rest of the world — after her brother K.C. Amos announced it. K.C. confirmed in his announcement Tuesday that his father died of natural causes at 84 years old in his Los Angeles home. K.C. himself has been embroiled in a bitter battle with his sister since at least last summer.

Shannon reportedly launched a GoFundMe in June 2023 in what she said was an effort to raise money for her father’s care, claiming that he had “fallen victim to elder abuse and exploitation” by a “trusted caregiver.” In March, she filed a complaint with the Los Angeles Police Department. Law enforcement sources told TMZ at the time that these accusations regarded K.C. K.C. and his father denied these claims (John Amos told Parade in a statement that he was “doing well”), but Shannon told The Hollywood Reporter in November that she provided Colorado and New Jersey police with documentation proving otherwise.

She also reportedly alleged that K.C. was exerting control over his father and his business affairs, had impersonated the actor in various communications, and had disregarded his medical needs while isolating the elderly actor from the rest of his family. K.C. told the Reporter in November that his sister was lying in an effort to make their father appear “unfit.” He also announced that he was developing a documentary about the actor titled “American Dad,” a moniker he earned from his iconic “Good Times” performance.

For more information see Marco Margaritoff "John Amos' Daughter Reveals She Learned About His Death From The News: 'Devastated'" The Huffington Post, October 2, 2024. 

Special thanks to Laura Galvan (Attorney, San Antonio, Texas) for bringing this article to my attention.

Article: Shakespeare, Succession, and Estate Planning: Lessons from the Bard

Leslie Kiefer Amann (Sentinel Trust Compnay) recently published, Shakespeare, Succession, and Estate Planning: Lessons from the Bard, ACTEC Law Journal, Volume 49, Number 3, Summer 2024. Provided below is an Asbtract:

Probated in 1616, Shakespeare's Will is surprisingly relevant today. Two daughters survived him, but his only son died at age 11. Wife and daughters could not inherit a business in the theater, so he made changes in the structure of the businesses he owned, and reallocated assets to accommodate the loss of his male heir. Shakespeare left no autobiographical information, but by examining his legal documents, we see him shift a thriving business, dependent on the unique talents and active participation of its founder, to passive assets in modified entity structures and generate an income stream for female descendants.  Changes made to the Will just before signing further protected his daughters. We also examined business succession, when unexpected loss occurs or in fraught economic and political circumstances, in the plays, focusing on King Lear. Lear leaves his businesses/kingdom to the daughters who flatter and pander to him and cuts off the only one with the character and skills to succeed. The paper encourages looking beyond the minutiae of modern transactional planning; instead, to reflect on the human aspects of a smooth family business transition between generations. Examining unavoidable problems of family dynamics and character flaws in the plays provides a new perspective and insight into preserving value in a modern business. Arguably, no one was ever better at capturing human emotions in written word than Shakespeare. But some lawyers find it easier to be a scribe than a counselor. This paper is intended to inspire, entertain, and encourage a fresh look at common problems for contemporary business and estate planners.

Naomi Campbell barred from being charity trustee in England and Wales

British supermodel Naomi Campbell has been barred from being a charity trustee in England and Wales for five years after the poverty charity she founded nearly two decades ago was deemed Thursday to have been “poorly governed” with “inadequate financial management.”

For example, it said that thousands of pounds worth of charity funds were used to pay for a luxury hotel stay in Cannes, France, for Campbell as well as spa treatments, room service and even cigarettes. The regulator sought explanations from the trustees but said no evidence was provided to back up their explanation that hotel costs were typically covered by a donor to the charity, therefore not costing the charity.

Campbell, 54, said she was “extremely concerned” by the findings of the regulator and that an investigation on her part was underway.

“I was not in control of my charity, I put the control in the hands of a legal employer,” she said in response to a question from the AP after being named a knight in France’s Order of Arts and Letters at the country’s culture ministry for her contribution to French culture. “We are investigating to find out what and how, and everything I do and every penny I ever raised goes to charity.”

The commission, which registers and registers and regulates charities in England and Wales, also found that fellow trustee Bianka Hellmich received around 290,000 pounds ($385,000) of unauthorized funds for consultancy services, which was in breach of the charity’s constitution. She has been disqualified as a trustee for nine years. The other trustee, Veronica Chou, was barred for four years.

“Trustees are legally required to make decisions that are in their charity’s best interests and to comply with their legal duties and responsibilities,” said Tim Hopkins, deputy director for specialist investigations and standards. “Our inquiry has found that the trustees of this charity failed to do so, which has resulted in our action to disqualify them.”

The charity, which was founded in 2005 in the aftermath of Hurricane Katrina in New Orleans, was dissolved and removed from the register of charities earlier this year. On its website, which is still active, the charity said that it presented fashion initiatives and projects in New York, London, Cannes, Moscow, Mumbai and Dar es Salaam, raising more than $15 million for good causes around the world.

The charity had been set up with the aim of uniting the fashion industry to relieve poverty and advance health and education, by making grants to other organizations and giving resources towards global disasters.

The commission said that around 344,000 pounds ($460,000) has been recovered and that a further 98,000 pounds of charitable funds have been protected. These funds were used to make donations to two other charities and settle outstanding liabilities.  

“I am pleased that the inquiry has seen donations made to other charities which this charity has previously supported,” said the regulator’s Hopkins.

For more information see Pan Pylas and Marine Lesprit "Naomi Campbell barred from being charity trustee in England and Wales" AP News, September 26, 2024.

Richard Simmons' family hits back after longtime housekeeper files to be reinstated as co-trustee of estate

Richard Simmons' family has expressed strong disapproval of Teresa Reveles, his longtime housekeeper, for filing a petition to be reinstated as co-trustee of his estate. Reveles, who worked for Simmons for 36 years, claims she was pressured into signing documents that removed her as co-trustee shortly after Simmons passed away. The family, however, has described her actions as motivated by "greed" and believes Simmons would be "heartbroken" by her alleged betrayal of their decades-long friendship.

The family’s spokesperson emphasized that Simmons took great care of Reveles and ensured she was provided for in his will, even though she chose to decline her role as co-trustee. They accuse her of acting against the best interests of the estate and tarnishing Simmons' legacy. Furthermore, they claim Reveles is staying in Simmons’ house despite owning her own residence and has attempted to charge the estate for her living expenses. They also noted concerns over a documentary Reveles allegedly pitched to Netflix, which the family believes could harm Simmons’ legacy.

In her petition, Reveles argues that Simmons’ brother and sister-in-law pressured her into signing away her role as co-trustee while she was emotionally distraught following Simmons' death. She claims she feared losing her inheritance if she did not comply. The family maintains these allegations are false and views her legal actions as a waste of the estate's assets. They are confident the court will reject Reveles' petition once the full facts are presented.

For more information see Lauryn Overhultz "Richard Simmons' family hits back after longtime housekeeper files to be reinstated as co-trustee of estate" Fox News, September 26, 2024. 

Article: Reimagining Marital Property at Death

Ram Rivlin (Hebrew University of Jerusalem - Faculty of Law) and Shahar Lifshitz (Bar-Ilan University - Faculty of Law) recently published,  Reimagining Marital Property at Death, 2024. Provided below is an Abstract:

This paper argues that death should not automatically terminate the marital partnership, and it suggests a novel and comprehensive model for the regulation of marital property upon death. According to the conventional view, the idea of marital partnership implies an equal division of the marital assets upon dissolution. Thus, in the event of death, just as in the event of divorce, the marital partnership comes to an end, and half of the marital property must be allocated to the surviving spouse, while the other half is distributed to the deceased's heirs. Contrary to this conventional view, this paper develops a new theory based on what we term the "surviving partnership." According to this approach, the economic partnership survives the death of one spouse. We justify our theory by focusing on the interests and desires of the spouses as individuals, as well as on the continuity of the familial unit. Our theory has three main legal implications. First, we argue that as a default rule, upon the death of one spouse, the entire marital property should be left in the hands of the survivor, as a matter of family law rather than succession law. For that reason, the law should distinguish between the decedent's portion of the marital property and her separate property. Second, we hold that the norms of will-making, which we view as an expression of the couple's freedom to define death as an event that does indeed terminate the partnership, should be subject to special requirements to ensure fairness and reciprocity between the partners. Therefore, termination of the partnership through a will should either operate reciprocally, regardless of which partner predeceases the other, or require notice to the non-testator spouse to ensure fairness. Third, our view has implications for how the surviving spouse should handle the marital property after her spouse's death, as well as for the norms that will apply to the disposition of the marital property upon her own, subsequent death. We offer a close analysis of current legal norms, demonstrating how the surviving partnership model sheds new light on, and offers amendments and improvements to, hidden aspects of marital property law, succession law, and property law. We conclude by demonstrating how the surviving partnership model is better equipped to deal with contemporary reality characterized by diverse family patterns.

Broke heiress can't access $12 million fortune because she refuses her dad's only condition to get a job

Clare Brown, a 26-year-old from Australia, is unable to access her $12 million inheritance due to a stipulation in her father's will requiring her to get a job. Despite encouragement from her family, Clare has refused, citing her attention deficit disorder as making it difficult for her to work.

Her father's trust was designed to ensure she contributes to society, but Clare instead lives on welfare and considers herself a "broke millionaire." Her family is frustrated by her refusal to meet the trust's condition and follow through with the job requirement.

Clare has taken legal action, suing the trust in an attempt to gain access to her inheritance. The situation highlights ongoing tensions between Clare and her family, as they disagree on the value of the trust’s conditions.

For more information see Sunayna Kanjilal "Broke heiress can't access $12 million fortune because she refuses her dad's only condition to get a job" Market Realist, September 21, 2024. 

Special thanks to Laura Galvan (Attorney, San Antonio, Texas) for bringing this article to my attention.  

BC Supreme Court orders will variation due to gender bias

The Supreme Court of British Columbia varied a will to address the gender-based discrimination that influenced the distribution of an estate, most of which went to the son, to increase the daughter’s share in the estate. The testator in this case had two children, a daughter and a son. Her 2018 will bequeathed the majority of the estate, including the family home, to the son. The will left the daughter half of a rental property at East 18th Avenue, Vancouver. The testator passed away in February 2021.

The daughter sought the variation of her mother’s will under § 60 of B.C.’s Wills, Estates and Succession Act, 2009, which allowed courts to intervene when a will failed to make an adequate provision for a deceased person’s children. The daughter argued that the total value of the gifts that her brother received – including the family home and the proceeds from the sale of two other properties – amounted to over $2.9 million or 82.6 percent of their mother’s estate.

In comparison, the daughter’s total inheritance of $170,000 allegedly failed to provide adequate and just support for her. She claimed that the unequal treatment reflected their mother’s gender-based preference for sons, which was a product of traditional Chinese values. The son acknowledged that he received a greater share of the estate but disputed the values that his sister assigned to his gifts. He denied any discriminatory treatment. He argued that his mother’s inter vivos gifts were meant to recognize his efforts in managing her rental properties and finances.

In Lam v Law Estate, 2024 BCSC 1561, the British Columbia Supreme Court varied the will to increase the daughter’s interest in the estate by awarding her 85 percent of the East 18th Avenue property. The court did not completely disinherit her brother. The court accepted that he was a devoted son who had provided significant assistance to the mother over the years.

The court concluded that bias influenced both the mother’s inter vivos gifts and her will’s terms, which resulted in an unequal distribution of her estate and significant disparity between her children’s inheritances. The court held that the mother’s bias did not meet contemporary standards of fairness. The court noted that testimony provided by the daughter and by other witnesses supported the view that the mother had a strong bias toward the son.

The court also found that the son excluded the daughter from handling his mother’s finances even though his sister had offered to assist. The evidence showed that the son benefited substantially from this arrangement, particularly through the sale of two properties from which he received a large portion of the net proceeds, the court said.

For more information see Bernise Carolino "BC Supreme Court orders will variation due to gender bias" Canadian Lawyer, September 10, 2024. 

Special thanks to Deborah Gordon (Thomas R. Kline School of Law) for bringing this article to my attention.