The Hackman Estate: The concept of ‘commorientes’

Gene Hackman, the legendary actor known for his roles in films such as Superman and Unforgiven, featured heavily in the news earlier this year, not just due to his passing but also because of the complexities surrounding his estate.

Hackman passed away at the age of 95 leaving a significant estate behind, estimated to be worth approximately $80 million, much of which was earmarked for his wife, Betsy Arakawa. However, Arakawa tragically passed away just a week before Hackman, creating a legal conundrum regarding the distribution of Hackman’s estate.

The Will Hackman left behind indicates that his wealth would go to Arakawa, who was not only his partner for many years but also the beneficiary of his estate. However, due to Arakawa’s death just days earlier, the fate of Hackman’s fortune is now in question. The law typically provides for the distribution of assets based on the order of death and, when two individuals pass away within a short time frame, their estates can often be caught in legal limbo. In the legal world, this concept is known as “commorientes”, which literally translates to “simultaneous deaths.” Commorientes refers to situations where two or more individuals die simultaneously or in circumstances where it’s unclear who died first. The law outlines the legal position regarding simultaneous deaths, particularly in relation to inheritance tax (IHT) and provides guidance on how IHT is applied when the order of death affects the distribution of estates and offers clarification on the handling of such cases within the scope of the law.

In Hackman’s case, legal experts suggest that his three children, who were allegedly not mentioned in his Will, might now have a legal claim to his assets. Hackman’s children, who it has been reported were largely estranged from him, could argue their case for inheritance under the rules of intestate succession which dictate that children inherit if a parent dies without a Will or if the Will fails to account for them.

Our team will be watching closely to see how the distribution of Hackman’s estate is distributed. However, the uncertainty surrounding the distribution of Hackman’s estate serves as a timely reminder of the importance of having your Will prepared by lawyers that specialise in Wills and Probate. Our team can help by:

• Ensuring that your Will is legally valid and properly drafted to prevent confusion or disputes among beneficiaries;
• Providing tailored advice which is specific to your individual circumstances (including family structure, business ownership and trusts); and
• Helping you navigate the complex tax implications your estate may face

Most importantly, our team are specialists in providing clear advice in plain English, even on the most complex of matters.

If you need help with your Will or estate planning, please get in touch.