What Can We Learn From Tony Curtis?

The bona fide heartthrob, Tony Curtis passed away in 2010 at the age of 85 leaving behind 6 wives, 5 children, 7 grandchildren, a $40M estate, and a last will that disinherited all of his children (yes, Even Jamie Lee Curtis!). It turns out that five months before his passing, Curtis updated his last will and left it all to his surviving spouse, his sixth wife (of course, she’s 45 years his junior, you do the math). Curtis’ last will included language (that we callously refer to in our office as “the Hater clause”) referencing the children but making no provision for them. Curtis’ will included the following language, “I acknowledge the existence of my children…and have intentionally and with full knowledge chosen not to provide for them.”   Yup, that sounds just like our Hater Clause.

As you can imagine, one of Curtis’ children challenged the last will but the contest was denied as there is no requirement to leave your children anything in New Jersey (Curtis’ domicile). 

So, what can we learn from this final plot twist of a last will?

We can discuss how to disinherit someone (you never know when this will come in handy LOL).  The instinct to simply not include someone in the last will is valid, but not always best. Simply not including a child (or two) in documents could raise a question as to whether they were forgotten and the last will perhaps contained a mistake.

Additionally, we never ever ever what to leave someone $1.00 (who came up with that?) as they are now considered a beneficiary and will need to go through the formalities of the other beneficiaries (which we don’t want). 

In short, the “Hater Clause” language, like in Tony Curtis’ will, is effective because it explicitly names the existence of the children and the decision to not leave them any inheritance. This added clause makes it easier for the court to understand the children were not forgotten nor inadvertently left out of the will. In our office, we utilize the Hater Clause in our trusts also.

And, there you have it. We learn that you can disinherit folks (anyone but you spouse) from your estate plan and that the most dramatic scene can come after the credits roll.