Disputing a will: lessons from the Anna Nicole Smith story

You may have watched the documentary on Netflix ‘Anna Nicole Smith: you don’t know me’, or perhaps you’re already familiar with her story? Anna was probably best known in the public eye for being a Playboy model and for marrying the 89 year old billionaire James Howard Marshall when she was just 26, and losing out on the fortune.

Anna and James were married for just over a year in 1994 and James died in 2015, leaving a will which left his entire estate to his son and left nothing to Anna. 

Anna claimed that James did not update his will, but verbally promised her half of his estate. 

What followed was a 15 year battle over the Estate, which is quite ironic as the dispute lasted 15 times longer than their actual marriage. 

It was deemed eventually that Anna would receive nothing from James’ estate.

Disputing a will under UK law

This case highlights the importance of making sure that you keep your will up-to-date so that your loved ones, who you want to inherit, will actually inherit a share of your estate. 

This was a case that went through various court systems in America and all stated that she should not inherit, but the English legal system may have dealt with the case differently.

Under English law, a wife may be able to make a claim against their husband’s estate under the Inheritance (Provision for Family and Dependants) Act 1975, if they can prove that they had not been left reasonable financial provision under a deceased’s will. 

In addition, had James written a Side Letter to his will detailing why he had not included Anna in his will, this could have saved a lot of wasted legal costs in trying to determine whether she would be eligible to receive something under his will.

Ultimately, it shows the complexity of will drafting and the importance of ensuring that you get proper legal advice when making a will. 

Wills and marriage

People are also often unaware that when you get married it automatically revokes your will and that you would need to execute a new one. 

This is especially important to know because under the rules of intestacy if you are married (with children from a previous relationship) then your spouse will receive the first £270,000 of your estate, personal chattels and half of your residuary estate. Your children would receive the remaining half of the residuary estate in equal shares. This division of assets may not be what you want to happen and so it is important to keep your will up-to-date when there are any family changes.

If you would like to put in place a will then please contact one of our will specialists on 01206 217609 or leah.woodlee@birkettlong.co.uk