The Replacement
24 March 2025
What does a film released in 2000 about American football players have to do with Wills and Probate in 2025? The answer is simply Gene Hackman is at the centre of both.
The passing of the actor and his wife Betsy Arakawa has highlighted an ever common pitfall in Will drafting, the lack of a replacement.
I often take Will instruction meetings and see the look of bewilderment in the eyes of some clients when they tell me their instructions for distribution and I say, okay and if for whatever reason that is not possible, tell me what plan B looks like.
When someone looks to make a Will they have come to terms with the concept of their own mortality, but do not necessarily contemplate that of those around them. Arakawa was some 30 years younger that Hackman and it appears that no provision was made for the possibility that she could pass first.
The timeline concerning the deaths has been called into question (it has come to light that Arakawa survived at least a day longer than initially believed). If it can not be determined with certainty the order of death then Arakawa being the younger of the two will be deemed to have survived the longest and the lack of a survival clause in Hackman’s Will means that the entire estate would pass to the beneficiaries under Arakawa’s Will.
This sad set of circumstances highlights the importance not only of replacement beneficiaries but also of survival clauses when the replacement beneficiaries will not be the same. The accompanying attendance notes to the Will are likely to make for interesting reading to establish if a discussion regarding replacements took place.
This article was written by Redkite Solicitors, Joanne Jay. To find out more about Samantha and the support that she can provide to you, visit her website profile here: https://www.redkitesolicitors.co.uk/team/joanne-jay/
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.