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This might be a controversial take, but Batman is hands-down my favorite superhero. Trust me, I can already hear your groans. I get it. Batman is boring, brooding, too self-absorbed, and he doesn’t actually have any superpowers (although in 2021’s 'Justice League' the Flash asks Batman, “What are your superpowers again?” and Batman responds… “I’m rich.” So, there is that.)1
Look, I’m not going to apologize. I like Batman. I’ve always liked Batman. As you can see in the picture above, when I was 8 years old, I was Batman for Halloween. Pretty epic costume. (Fun fact, that is the same Batman suit that Michael Keaton wore in 'Batman' and 'Batman Returns.' Needless to say, Michael Keaton will always be my favorite Batman. Sorry, Robert Pattinson.) I even took things further, throwing a Batman-themed birthday party a few months later to celebrate turning 9 years old.
So, you can imagine my excitement in 2008 when a much older, but no less nerdy, Sheldon saw the trailer for Christopher Nolan’s The Dark Knight starring Heath Ledger as the Joker. My brother and I saw the midnight premier, and we absolutely loved it. In my humble opinion, Heath Ledger’s performance as the Joker is one of the best I have seen in any movie, let alone a superhero film. I was not in the least bit surprised when Heath Ledger posthumously won the Oscar for Best Supporting Actor in 2009.
At this point you’re probably thinking two things: (1) this guy likes Batman and I’m not sure how I feel about that, and (2) what does any of this have to do with estate planning? I’m glad you asked because there is a valuable lesson in here about updating your estate planning after life’s major milestones.
In 2003 at the young age of 24, Ledger maturely drafted and executed a will. Being Australian, Ledger filed his will in his home country. At the time of drafting, Ledger was not married or in a serious relationship and did not have any children.
As a result, Ledger’s will left 50% of his estate to his sisters and the remaining 50% to his parents. By 2005, Ledger had moved to New York City, been in a serious relationship with fellow actor Michelle Williams, and had a daughter named Matilda.2
(You may know Michelle Williams from the movie ‘The Greatest Showman’ or her breakout performance in the television series ‘Dawson’s Creek.’ And if you just read the words ‘Dawson’s Creek’ and immediately sang the lyrics “I don’t want to wait….” You should be very proud of yourself. If you didn’t, don’t beat yourself up about it. It’s an elder millennial pop culture reference. You’re not missing out on anything.)
Here is where the mistake was made. Ledger experienced several “important life events” subsequent to executing his will in 2003 and never updated his estate plan. Although Ledger had the foresight to execute a will in his mid-twenties, he failed to revisit and update his estate plan after his life situation substantially changed.
Sadly, Heath Ledger unexpectedly passed away in January 2008 at the young age of 28. At the time of Ledger’s passing, his will did not leave any provisions for his daughter Matilda.
Legally, Matilda was considered a ‘pretermitted heir’ which is defined as a “child who was omitted from the will of a testator.” Several states have enacted statutes that protect children who were born after the creation of a will but are not directly mentioned in that document. States handle this situation differently so a general rule cannot reasonably be assumed or relied upon.3
Failing to update a will after a major life event often leads to legal confusion, and Heath Ledger’s case is no exception. Issues arose around his legal domicile (essentially, his permanent home) and the specific provisions under New York state law regarding unintentional disinheritance.4 Depending on how these laws were interpreted, Ledger’s daughter Matilda could have been left with either nothing or the entirety of his estate. Yep, it’s that confusing.5
As you might suspect, fighting amongst family members occurred. Ledger’s father was initially named as executor of his estate, but a vague statement made about “taking care of Matilda” left Ledger’s uncles uncomfortable about whether or not she would end up inheriting his estate. Ultimately, Ledger's family decided to gift the entire estate to Matilda, resolving the matter. (Although the tax implications of gifting millions of dollars when Ledger and his family were Australian, and his daughter was American creates a whole different set of headaches).6
Thankfully, this scary story had a happy ending. But it serves as a reminder to periodically revisit your estate plan, especially after experiencing a significant change in your life.
Here at the Stevanovic Metz Group, we initiate a full estate plan review with our clients every couple of years. It’s important to review whether your existing estate plan meets all of your personal objectives and is structured in a way that minimizes taxes, expenses, and the publicity involved in a probate proceeding.7
Comprehensive estate planning provides many meaningful benefits for you during your lifetime and organizes the disposition of your assets in an orderly manner after your death. The Stevanovic Metz Group can help get you started by answering questions you may have about the basic components of a comprehensive estate plan and work closely with your estate planning attorneys. We do not prepare estate planning documents or practice estate planning law in any way.
So, to answer the Joker’s famous question from The Dark Knight: “Why so serious” …about estate planning? Because it truly matters. Your legacy is more than just assets; it’s a way to protect and care for the people you love most. An estate plan is key to making sure your wishes are honored, and your loved ones are secure. And if you don’t want to take my advice, listen to Batman.
I’m not 100% on what I’m trying to accomplish here. Face is weird, utility belt is messed up…I think I’m flexing? I don’t know. I was 8 years old; it’s not going to be great. Happy Halloween my friends!
JG2024-1030
1 - https://www.imdb.com/title/tt0974015/characters/nm3009232
2 - https://www.monroecountylawyers.com/blog/2022/12/heath-ledgers-will-a-cautionary-tale-for-updating-estate-plans-after-major-life-events/
3 - https://www.law.cornell.edu/wex/pretermitted_heir#:~:text=A%20pretermitted%20heir%20is%20a,unintentionally%20omitted%20from%20a%20will.
4 - https://www.law.cornell.edu/wex/domicile
5 - https://supreme.findlaw.com/legal-commentary/heath-ledgers-estate-why-daughter-matilda-who-was-left-nothing-in-her-fathers-will-might-have-a-claim-to-everything.html
6 - https://abonelaw.com/2023/08/25/heath-ledger-did-not-update-his-estate-plan-after-the-birth-of-his-daughter/
7 - Baird Wealth Planning Department, ‘Preserving Family Wealth: An Overview of Estate and Wealth Transfer Planning.’ https://rwbaird.sharepoint.com/sites/BairdWeb-PWM-EstatePlanning/Documents/Forms/AllItems.aspxid=%2Fsites%2FBairdWeb%2DPWM%2DEstatePlanning%2FDocuments%2FEstate%20Planning%20and%20Administration%2FEstate%5FPlanning%5FOverview%2Epdf&parent=%2Fsites%2FBairdWeb%2DPWM%2DEstatePlanning%2FDocuments%2FEstate%20Planning%20and%20Administration