More Weird Probate Issues

Making a Will is serious business. It sets out your final wishes, determines who benefits from your estate, and protects the people you love. Yet the historical record is full of testators who approached the exercise with, shall we say, considerable imagination. This article continues our popular series on extraordinary probate cases drawn from estate law history.

We offer these not merely for entertainment, but because each case teaches a valuable lesson about what can go wrong when an estate plan is ill-conceived, ambiguously expressed, or legally deficient.

A Selection of the World’s Most Remarkable Wills

1. To My Wife — My Second-Best Bed: William Shakespeare, 1616

The Bard left his daughters £150 each. His wife, Anne Hathaway, received his “second-best bed.” Scholars have debated the significance of this bequest for four centuries. Some argue it was a term of affection — the marital bed, as opposed to the best bed reserved for guests. Others regard it as one of history’s more pointed snubs. The question of who received the first-best bed remains, to borrow from the man himself, shrouded in mystery.

2. A Dog’s Fortune: Leona Helmsley, 2004

Leona Helmsley, New York hotel magnate and self-described taxpayer (selectively), left instructions for much of her USD$4.5 billion fortune to be directed to the care of dogs. Her Maltese terrier, Trouble, was left USD$12 million — later reduced to USD$2 million by a court. Two grandchildren received nothing.

The lesson is not lost on South Australian practitioners. Under the Succession Act 2023 (SA), eligible persons who can demonstrate that adequate provision was not made for them from the estate may apply to the Court for a family provision order. However generous a gift to one’s pet may be, it does not extinguish the claims of eligible family members.

3. 150 Dogs and a Legal Battle: Eleanor Ritchey, 1968

Ms Ritchey left her entire USD$4.5 million fortune to her 150 dogs. The Will was contested. By the time the matter was resolved in 1973, the estate had grown to USD$14 million and only 73 dogs remained alive. The last surviving dog died in 1984, whereupon the remainder passed to Auburn University for animal disease research.

4. The Pringles Tube: Frederick Baur, 2008

Frederick Baur invented the Pringles tube and was sufficiently proud of the achievement to request burial in one. His family, confronted with this instruction on his death, reportedly debated the merits of original flavour against sour cream and onion. They chose original. He was cremated and his ashes interred accordingly.

5. The Last Round: Janis Joplin, 1970

The rock musician left USD$2,500 in her Will for one final party among her friends. By all accounts the instruction was carried out faithfully and with considerable enthusiasm.

6. The Secret Bequest: Roger Brown, 2015

Roger Brown, who died of prostate cancer, left approximately USD$5,000 to seven close friends with the specific direction that they use it for a weekend of eating, drinking, and general enjoyment. His family discovered the bequest only at the reading of the Will. The friends honoured the instruction.

The Serious Point Behind the Stories

Each of these cases contains a practical lesson. Ambiguous or unconventional instructions invite litigation. Bequests that ignore the claims of eligible family members risk being varied. Wills that are not formally executed under the requirements of the Succession Act 2023 (SA) may be invalid in their entirety.

In South Australia, the formal requirements for a valid Will include that it be in writing, signed by the testator (or at their direction), and witnessed by two persons who are present simultaneously and who are not beneficiaries under the Will. The Succession Act 2023 (SA) provides the Court with a dispensation power to admit a non-compliant document to probate if satisfied it was intended as the deceased’s Will — but relying on that power is considerably more expensive and uncertain than simply getting the Will right in the first instance.

However unconventional your wishes, a qualified estate planning solicitor is the surest guarantee that those wishes will be carried out.

Want to Find Out More?

If you would like to know more about probate and estate administration, the specialist team at Genders and Partners is here to assist.

When it comes to Wills, Probate, Deceased Estates, asset protection and estate planning in Australia, you can trust the oldest law firm in South Australia – Genders & Partners – to guide you through the tough decisions to create the best solution for your individual needs.

If you have any questions or would like further information, or a quick phone call to discuss, book a timeslot for a free 15-minute phone consultation.

We can help you to protect yourself and your family. We look forward to being of service.

More Probate and Estate Administration Resources

• Myths About Probate | Genders and Partners
• Probate and Estate Administration FAQs | Genders and Partners
• The Different Types of Probate in South Australia
• What is Probate and is it always required in South Australia?
• Top 10 Reasons Why Challenges to Wills and Estates Are Becoming More Common

All these and many more probate and estate administration topics are available for discussion with the oldest law firm in South Australia.

This article revised and updated 12 August 2026.

DISCLAIMER: This article is intended as general information only. The probate cases described involve overseas jurisdictions and historical circumstances that may differ from the law applicable in South Australia. This material does not constitute legal advice. Estate planning and probate matters should be discussed with a qualified legal practitioner. The Succession Act 2023 (SA) governs estate administration in South Australia with effect from 1 January 2025.