The Great Debate Over The Elvis Estate

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A Family Provision Application lets an eligible person (a spouse, child or dependant) ask the Queensland Supreme Court for further provision from a deceased estate if a will, or the intestacy rules, failed to adequately provide for their proper maintenance and support. In Queensland, you must give the executor written notice within six months of the date of death, and file the Family Provision Application within nine months. A will can also be challenged on legitimacy grounds, such as incapacity, undue influence or fraud.

Elvis fans keeping a close eye on the affairs of the Presley / Keough family will no doubt be aware of the tumultuous dispute over ownership and inheritance flowing from Elvis Presley’s estate, at the time estimated at between $400 and $500 million. The family was thrust into the spotlight over proceedings instituted in the United States on a trust dispute, featuring applicant Priscilla Presley against the estate of her late daughter, Lisa Marie Presley.

Background

The late Elvis Presley delegated the entirety of his estate to his daughter, Lisa Marie Presley, who suffered a sudden death in early January. In late January, Priscilla Presley challenged the authenticity and validity of a 2016 amendment by her late daughter, Lisa, delegating her trust (incorporating the funds from the late Elvis Presley’s estate) to her granddaughter, Riley Keough. The purpose of this amendment was to migrate the control of the trust away from Priscilla and Lisa’s former business manager, to Lisa’s daughter, Riley. The challenge was based on the inconsistent signature on the relevant documentation, including that Lisa had incorrectly spelt her name and that her signature appeared inconsistent with previous iterations.

After a months-long legal battle (with the dispute settled outside of court), Riley Keough has officially been named the sole trustee of her late mother, Lisa’s estate. While the American-based proceedings can be differentiated from the Australian legal system and its processes involved in handling estate disputes, trust disputes and will disputes, the series of events serves as a prominent reminder of the importance of ensuring compliance with the relevant obligations concerning the execution of crucial legal documentation to ensure your wishes for your assets and estate are honoured.

Contesting a Will in Queensland: Two Pathways

Drawing on the issues raised in the Presley dispute, this article looks at how a will can be challenged in Queensland. Broadly, a will can be contested on one of two bases:

• the adequacy of a beneficiary’s entitlement under the will, through a Family Provision Application; or
• the legitimacy of the will itself.

Each is considered below, starting with Family Provision Applications, the more common of the two.

What Is a Family Provision Application in Queensland?

A person eligible under a will, or under Queensland’s intestacy rules (relevantly, the deceased’s spouse, child or dependant), may challenge the provision made for them through a Family Provision Application, provided they can show that the provision was inadequate for their proper “maintenance and support.”

The Succession Act 1981 (Qld) does not set out an exhaustive list of factors relevant to an applicant’s prospects of success, but case law indicates the following are commonly considered:

1. the claimant’s financial position, health, age and relationship with the deceased, any relevant disentitling conduct, or their contributions to the deceased’s estate;
2. whether any other person is liable to support the applicant;
3. whether the applicant is responsible for supporting any other person;
4. the size and nature of the deceased’s estate; and
5. any further factors the court considers relevant.

A Family Provision Application can only be brought in Queensland’s jurisdiction where the deceased owned real property in Queensland, or was domiciled (lived) in Queensland at the date of their death. If you are unsure which jurisdiction applies, seek legal advice as early as possible, since interstate and cross-border estates raise their own complications.

What Is the Time Limit for a Family Provision Application in Queensland?

Strict time limits apply to contesting a will in Queensland, and it’s important to act quickly to avoid missing them.

Anyone considering a Family Provision Application must give the executor written notice within six months of the date of death, advising of their intention to make a claim. If no notice is given within this period, the executor is generally entitled to distribute the estate in the ordinary course, in line with the deceased’s testamentary intentions, without exposure to a later claim.

The Family Provision Application itself must then generally be filed within nine months of the date of death. If this deadline is missed, an application may still be possible, but only with the court’s permission. In deciding whether to allow an application out of time, the court will typically weigh:

1. the length of the delay;
2. the reasons for the delay;
3. whether the executor has already distributed the estate; and
4. any unconscionable conduct on the part of the claimant.

What Are the Grounds to Challenge the Legitimacy of a Will?

Separately from a Family Provision Application, a will’s legitimacy can be challenged where the testator failed to meet the procedural or administrative requirements for execution, such as failing to have their signature independently witnessed, signing in a manner inconsistent with previous examples of their signature, or failing to sign the will at all. Beyond execution requirements, an entitled person (someone with an interest in the deceased’s estate) may also challenge a will’s legitimacy where they suspect:

1. the testator lacked the cognitive capacity or requisite understanding to execute or amend the will;
2. the will was executed as a result of coercion or duress;
3. the will was revoked by the deceased;
4. amendments inconsistent with the deceased’s intentions were made after the will was executed;
5. the testator was unaware of, or did not approve, the contents of the will; or
6. the will is forged or was fraudulently created.

Conclusion

The dispute over the Elvis estate, set against the backdrop of Australian trust and estate dispute law, highlights the complexities inherent in estate management, inheritance and trust validity. It underscores the importance of care, both in drafting and executing legal documents, to ensure they are unambiguous, valid, and truly reflect the testator’s wishes. As the Presley / Keough dispute shows, lapses in these areas can lead to protracted legal battles, family conflict, and assets ending up with unintended beneficiaries.

For Queenslanders, it’s worth staying informed about eligibility for a Family Provision Application, the applicable time limits, and the factors courts weigh when assessing the adequacy and legitimacy of a will. As with most legal matters, acting early and getting the right advice is the best way to protect an estate and ensure assets are distributed as intended.

Act Now With Ramsden Lawyers

Navigating estate and trust disputes can be intricate, stressful, and emotionally taxing. Whether you’re considering a Family Provision Application, have concerns about the legitimacy of a will, or want to ensure your own estate planning is secure and clearly defined, Ramsden Lawyers is here to guide you every step of the way. Our experienced estate litigation team is committed to safeguarding your interests and providing tailored solutions for your circumstances. Don’t leave these critical matters to chance. Contact Ramsden Lawyers today and let us protect, support, and stand by you through these pivotal legal moments.

The content of this article is intended to provide general guidance on the subject matter and must not be relied on as legal advice. Specific advice should be sought about your circumstances.