Why the Knives May Come Out at Death

The box office success of the 2019 murder mystery?Knives Out?led to franchise status, with?Glass Onion, the first sequel, released in late 2022. The original?Knives Out?featured whodunit intrigue surrounding the murder of a wealthy author and surprise changes to his will.

While?Knives Out?endeared itself to fans because of its interesting characters and dramatic plot twists, the more mundane topic of estate planning is central to the movie. In?Knives Out, there are several common estate planning issues that may trigger real-life family drama fit for a Hollywood movie.

Estate Planning Issues in?Knives Out

Knives Out?begins with the death of Harlan Thrombey, an internationally famous novelist who has just celebrated his eighty-fifth birthday at his country mansion, surrounded by family. Detective Benoit Blanc has been anonymously hired to investigate the death, and several family members have a murder motive, including his son-in-law, his son, his grandson, and the widow of his late son.

It turns out that Harlan’s death was a suicide, but that is just one thread in a jumbled knot of family dysfunction. Drawn into the fray are Marta Cabrera, Harlan’s nurse and the sole beneficiary of his estate. The large inheritance is revealed at a dramatic will reading that, although used as a dramatic device, nonetheless raises real-world estate planning lessons.

Lesson 1: Do Not Assume That You Will Receive an Inheritance When Your Family Member Dies

Harlan is survived by two living children (Linda and Walt), a widowed daughter-in-law (Joni), and three grandchildren (Ransom; Joni’s daughter, Meg; and Walt’s son, Jacob). Each of his presumptive heirs received financial support from him to some extent. And they assumed that this support would continue after his death in the form of an inheritance.

In one of the most intense scenes of the movie, the family gathers for a will reading with Harlan’s estate planning lawyer. At the meeting, the lawyer reveals that a week prior to his death, Harlan made changes to his will and disinherited the family. All of his money and property were left to his nurse, Marta.

This is the point at which, metaphorically speaking, the knives come out. The shocked family turns their ire on Marta and insists that Harlan could not have intended to leave the family fortune to her.

The hard lesson here is that adult children and grandchildren are not legally entitled to inherit anything from a parent or grandparent. State law may give rights to adult children when a parent dies intestate (i.e., without a will), and there may also be a requirement to support minor children. But in most instances, an individual can leave everything they have to anyone they choose – so long as they have a legally enforceable estate plan.

Lesson 2: A Will Contest Requires Proof

From the moment the Thrombey clan receives the news that they will inherit nothing, they shift their focus to contesting the will.

Will contests are no mere dramatic device. They have become increasingly common as people live longer and are more prone to dementia and being taken advantage of.

The Thrombeys raise two arguments in an effort to overturn the will providing for Marta’s inheritance. They first suggest that Harlan lacked testamentary capacity or was not of sound mind when he changed his will. However, the family eventually concedes that Harlan was in full possession of his mental faculties and did have testamentary capacity.

Their focus then shifts to undue influence by Marta. This is a legal concept that can come into play when someone exerts pressure to convince a vulnerable individual to change their estate plan against their will. But Harlan’s attorney states that the family must prove undue influence, and there is no evidence that Marta did anything of the sort.

Knives Out?correctly makes the point that successfully contesting a will requires proving the case in court. The movie does not mention that anyone with legal standing can challenge a will. Typically, current named beneficiaries, previous beneficiaries who were disinherited, and individuals not named in the will but who have standing under state intestacy laws have the requisite legal standing.

The cost of challenging a will falls on the contesting party. If the will contest is successful, all or part of the will could be invalidated, and the deceased person’s money and property could be distributed according to state succession laws.

Lesson 3: The Slayer Statute Prevents a Wrongdoer from Benefiting

Once the Thrombeys realize that contesting Harlan’s will on the grounds of testamentary capacity or undue influence would be fruitless, they turn to a lesser-known law, the so-called slayer statute. Under this statute, a person is prohibited from inheriting from the deceased person if they killed the deceased. Depending on the state, the statute may apply only to homicide or it may also apply to manslaughter. Some states allow the slayer’s heirs to receive the slayer’s inheritance, while others cut off the slayer’s entire line.

In?Knives Out, the family is apparently in a state that would cut off Marta’s family if she were convicted of murdering Harlan. This would leave the Thrombey family in a position to inherit what they believe is rightfully theirs. Unfortunately for them, Marta did not murder Harlan.

Spoiler alert:?Marta ends up keeping her inheritance. The movie ends with Marta sipping coffee from the balcony of the mansion that is now indisputably her legal property, looking down on the Thrombeys gathered in the driveway. She has vowed to take care of them because they have treated her well over the years. But she could hardly be blamed for going back on her word after the family turned the knives on her. Exactly who gets what from Marta is a mystery that?Knives Out?leaves amusingly unresolved.

Avoid Real-Life Family Drama with a Strong Estate Plan

Knives Out?is a dramatization of estate planning that provides some important real-world lessons. Harlan did what he thought was in the best interest of his family when he gave his fortune away to someone who was not a family member. His last-minute change of heart was legally ironclad, but he probably erred when telling family members his plans to disinherit them. His demise might have been avoided if they had discovered that after his death.

You are probably not a wealthy, world-famous author living in a stately rural mansion. But you should still have a well-thought-out estate plan that is regularly updated. You may want to be transparent with your family about your wishes, but ultimately, it is up to you.

Our estate planning lawyers are available to discuss your situation and help you create a customized plan that avoids unnecessary family conflict. Instead of disinheriting an irresponsible heir, for example, you could hold money for them in a discretionary trust. Or you could do the opposite of what Harlan Thrombey did and set up a family trust that will provide for multiple generations. We can also offer advice if you are interested in contesting a will that you think does not accurately reflect a loved one’s wishes.

At Cheever Law, APC, we don’t just draft documents; we ensure you make informed and empowered decisions about life and death for yourself and the people you love, starting with a valuable and educational Family Wealth Planning Session. The Life & Legacy Planning Session will allow you to get more financially organized and make the best choices for the people you love. If you have already completed your estate plan, we will review that plan at your Life & Legacy Planning Session (aka Family Wealth Planning Session) to ensure that it will work the way you intend and address any holes or gaps that may be present if circumstances have changed since you executed your plan.??

To learn more about our one-of-a-kind systems and services,?contact us?or?schedule a 15-minute introductory call?today.