Following the death of Lisa-Marie Presley in January 2023, a legal dispute surrounding the contents of her Will has erupted within her own family.
Priscilla Presley has announced her decision to dispute a 2016 amendment to her late daughter’s Will that removed herself and former business manager Barry Siegel as trustees, replacing them with Riley and Benjamin Keough, children from Lisa Marie’s first marriage. But with Benjamin predeceasing his mother, only Riley remains a trustee for what can be considered one of America’s most iconic family legacies, unless that is, the Los Angeles court system rules in favour of Priscilla.
For her part, Priscilla is arguing that the amendment is invalid, since it contains a spelling error and an inconsistent signature, and consequently it was never lawfully signed by her daughter.
Lisa-Marie reportedly inherited Elvis Presley’s estate worth $4.9 million at the time of his death, but thanks to some shrewd business decisions undertaken by Priscilla in her capacity as trustee, it has dramatically risen in value, now exceeding $100 million – with control over Graceland remaining intact after its majority shares were sold off in 2005.
If her claims to invalidate the Will are successful then control of the estate could remain in Priscilla’s hands instead of Riley’s, however, it remains to be seen whether they will make their own case against the application. It would seem likely that there will still be further evidence presented before any concrete decisions can be made on the matter going forwards.
When questions arise about the legitimacy of Wills, contention can ensue. Claims to challenge and rectify mistakes in said documents are frequently handled here in the UK by contentious private client professionals. Quite often such issues don’t come up until after death has occurred; be it signs of forgery or undue influence, a lapse in formality when signing paperwork, or doubts as to whether or not they had sufficient mental capacity at that time due to their deteriorated health state before passing on.
Unfortunately, many families assume their affairs are in order without regularly checking documents or entitlements that may exist outside of common knowledge – leading to complications when challenged by one side or another. The resolution has far-reaching implications which could potentially alter control over inheritance rights as well as provide financial benefit to select parties.
As a solicitor, the goal is to obtain an optimal result for each client. To do so, it’s essential to gather all relevant evidence and analyse the surrounding context of any contested document.
By collating evidence, it is easier to understand a client’s predicament while exploring options like negotiation or mediation which may bring an amicable resolution without costly court proceedings. Safeguarding meaningful family relationships can be essential so it’s important to take great care when resolving cases that are beneficial to all involved parties.
Contesting a Will
Challenging a Will may appear to be open to anyone, but it’s not without potential risks. It’s important to weigh the costs and benefits of contesting thoroughly before taking any action.
There are three core bases on which a Will can be contested.
Firstly, you must consider providing for dependents in your Will. Under the Inheritance (Provision for Family and Dependants)Act 1975, an estate can be contested if it fails to make ‘reasonable’ financial provision for spouses and children. To successfully challenge inadequate financial provision, you need to be in an appropriate dependent relationship, such as that of a child, spouse or civil partner. Former spouses and civil partners may also qualify if they have not entered into subsequent relationships. For some relationships claims must, however, be proven on facts that show there is a clear financial obligation involved.
Second, if there are suspicions or proof that the testator was not of sound mind. Whilst it’s fairly common for people to make entirely sensible judgments to disinherit family members, when nothing is left to close family, concerns may be raised about whether this was a rational decision at the time.
And finally, there are numerous actions which render a Will invalid, and these include:
- If you get married or remarried, unless there is an existing, valid Will that includes a clause anticipating your intention to marry;
- If an original Will is destroyed and a new one isn’t drafted;
- If the testator is under 18;
- If there is any evidence of fraud, coercion, or forgery. If there is a suggestion that a Will has been made under undue influence, and it is proved in a court of law, the Will becomes invalid.
Regardless whether a Will has all of the other components required for validity, it is not lawful until it is signed by the testator and witnessed. A single fingerprint has been shown to suffice.
A Will should always be executed in the presence of two independent witnesses, who will then sign the Will to affirm they saw the testator sign. They too must abide by a set of rules though (eg, being of sound mind, independent, over the age of 18, and present when the testator signs) otherwise this will also invalidate a Will.
In cases where no surviving family member exists; however, all assets may default to the Crown.
Contesting a Will does not have to be an intimidating process, but it’s important it’s done as soon as possible.
A ‘caveat’ filed at the Probate Registry, can stop probate being taken out and give yourself six months to decide if grounds exist for challenging the Will. Be aware that executors or beneficiaries may lodge a ‘warning’ to object to any claim, and any disputes may then go before Court where legal expenses could rise, if an agreement cannot be reached.
It’s incredibly important to get legal advice as soon as you find yourself in a situation where there are questions surrounding the terms or legality of documents. Taking early steps with experienced counsel can mean all the difference between an unpredictable, tangled battle and confidently using law to achieve your desired result.
