The news reporting the death of Gene Hackman and his wife during February 2025 has revealed that there could be a dispute involving his estate. It raises interesting questions of how his estate would be dealt with under the laws of England and Wales.
Background
Gene Hackman and his wife Betsy Arakawa were reported dead on the 26 February 2025. After foul play was ruled out, the couple were found to have both died of natural causes. Subsequent investigations reported that Betsy died on 11 February 2025 from a virus and Gene died on 18 February 2025 from heart disease.
Details of the will have revealed that Gene’s estate had been left to Betsy, but it is unclear whether he left anything to his three children and questions now remain of how his estate will be distributed.
Applicable law
It is reported that under New Mexico law, where the couple passed away, if the couple had died within 120 hours of each other their deaths would be found to have been simultaneous, which could have altered the inheritance. Betsy had reportedly provided for a charity to be her substitute (residuary) beneficiary in the event of Gene having passed.
However, if Betsy passed away first, her estate passed to Gene, whose will is believed to have provided only for Betsy as a beneficiary. The early indications are that Gene’s children may benefit from the estate even though they are not named under the will under the laws of New Mexico as there was no other substitute beneficiary named.
But how would the laws of England and Wales decide how the estate would be distributed?
In England and Wales, if the gift in the will “fails” due to the death of a beneficiary then usually the will would name a substitute beneficiary. This provision is common to make sure that a new will does not need to be drafted each time an intended beneficiary pre-deceases the testator.
In the event that a substitute beneficiary is not named, or if they have died, then there could be an intestacy.
Intestacy
The Intestacy Rules would be adopted if there is an intestacy in the UK. See Understanding Intestacy Rules: what if there is no will? | Weightmans
If Gene Hackman’s circumstances applied in the UK, his three children would inherit his estate in equal shares as his wife predeceased him.
The importance of providing for residuary beneficiaries in a will
In the Hackman case, it would have been prudent to have substitute beneficiaries in place in the event that his wife predeceased him. It is always a sensible step to provide for one or more residuary beneficiaries to be named in a will to avoid uncertainty, and hopefully avoid a dispute on death if events transpire otherwise.
Summary
Some early news reports have stated that Gene’s estate could be valued in the sum of $80 million, so the application of New Mexico’s intestacy rules will be followed closely in the coming weeks to see how his estate will be distributed. Early reports that Gene Hackman’s son has hired an attorney may indicate that this could be a contested estate.
