Last month (January 2023), media outlets around the world reported the tragic death of Lisa Marie Presley, the only child of Elvis Presley and his ex-wife Priscilla Presley. At the age of 54, Lisa Marie Presley’s death came as both a shock and stark reminder to us all of the frailty of life.
Whilst Lisa Marie has now been laid to rest at Graceland, Tennessee, the media attention surrounding her death sadly continues as her mother, Pricilla Presley has raised proceedings to challenge the validity of a living trust that was executed by her daughter during her lifetime.
A living trust, like a Will is a form of estate planning which sets out a person’s assets and details who those assets should be distributed to. A living trust also seeks to appoint individuals to manage said assets (like executors under a Will). The main difference between a living trust and a Will is simply that whilst a Will is designed to deal with assets after a person dies, assets contained with a living trust can be distributed before or after a person dies.
Whilst trusts are common in Scotland, disputes regarding a deceased’s written wishes more commonly arise in the context of those seeking to challenge the validity of a Will. Actions of this nature are very common and from our experience are on the rise.
Grounds of challenge
There are many reasons why you may wish to challenge the validity of a Will. For example:
- The deceased’s signature on their Will may not look like their typical signature.
- You may come across an amendment that has been made to a Will which you do not think the deceased would have made.
- The Will (or any subsequent amendment to the Will) may not have been signed and witnessed properly.
- You may dispute that the deceased was of sound mind to prepare a Will when they did.
- Having known the deceased, you do not believe they would have written a Will in the terms they have done.
- You consider a third party may have influenced the deceased into writing a Will.
- An amendment was not witnessed or notarised as is required.
Pricilla Presley has sought to rely on a number of the above noted reasons in the action she has raised (albeit in the context of challenging the living trust).
Whilst the above are perhaps the most common reasons for seeking to challenge a Will, the above list is by no means non-exhaustive and ultimately if you have any concerns regarding the Will of a loved one, it is worth seeking legal advice.
Concluding remarks
Whilst the legal challenge made by Pricilla has been reported worldwide, it is important to remember that the ability to challenge the validity of a loved one’s written wishes is not restricted to celebrities. Whilst it is sad to hear of the troubles faced by the Presley family, it is hoped that the media attention it has received may bring to the forefront the existence of these types of disputes (most typically in Scotland, challenging the validity of a Will) and some of the reasons why someone may wish to make a challenge and there right to do so.
We understand that due to the nature of these types of disputes it may be a difficult to topic to discuss in the first instance. With this in mind, we have prepared a short Q&A in which we seek to answer our most asked questions regarding potential Will challenges.
Should you be concerned about a dispute following the death of a loved one, whether that be that you believe that a loved one’s Will does not represent their true wishes or are concerned about a potential challenge being made in relation to a loved one’s Will, we are happy to speak with you and assist you moving forward.
