Weird Probate Issues Part 4: The Bottom Line

Updated: 6 October 2026

By Rod Genders | Genders and Partners

Some people are determined to have their final say. Our continuing series of eccentric last Wills and testaments proves that human ingenuity knows no bounds — even at the grave’s edge. Each story contains, somewhere beneath the absurdity, a lesson worth taking seriously.

1. Ingrid Newkirk

The founder of PETA instructed that her body be barbecued, her skin made into leather purses, and various organs dispatched to government agencies. While Australian law provides no mechanism to compel such instructions to be carried out, the lesson for estate planners is that what happens to your remains after death is governed by your executor, not your Will. Discuss your wishes directly and frankly with your executor.

2. Jeremy Bentham

The British philosopher instructed that his body be dissected, stuffed with hay, and put on display at University College London — where it remains to this day, seated in a mahogany cabinet. A reminder that unusual requests regarding your remains are more likely to be honoured if you appoint a sympathetic and trustworthy executor.

3. John B. Kelly Sr.

Grace Kelly's father used his Will to caution his daughter against "bankrupting the Principality of Monaco with her clothing bills." A personal message in a Will carries no legal force but may carry considerable moral weight. If you have a message for a beneficiary, consider whether a letter of wishes (accompanying but separate from your Will) is a more appropriate vehicle.

4. John Bowman

Vermont socialite Bowman, who outlived his wife and daughter, set up a trust of $50,000 to maintain his estate indefinitely — including a daily cooked meal — in the belief that his family would return to life once he joined them. While the sentiment is touching, it illustrates why well-structured testamentary trusts require clear vesting conditions and "longstop" provisions, to prevent assets being tied up perpetually on a condition that can never be satisfied.

5. Marilyn Monroe

Monroe left her personal effects to her acting coach, Lee Strasberg, with an informal understanding that he would distribute them among her friends. He did not. After his death, his widow auctioned them for millions. The lesson: informal understandings and letters of wishes are not legally binding. If you want specific items to go to specific people, name them in the Will itself.

6. Mark Gruenwald

The Marvel Comics editor requested that his ashes be mixed with the ink used to print a comic book. His family honoured this wish. Once again — unusual requests regarding your remains depend entirely on the goodwill of your executor and family. Legal enforcement is not available. Choose your executor with care.

7. Mickey Rooney

Despite having only $80,000 remaining at his death in 2014, Rooney disinherited his wife of 35 years and all biological children. They contested the Will and ultimately lost. Under South Australian law, an eligible person who is inadequately provided for may make a family provision claim under Part 5 of the Succession Act 2023 (SA). A decision to disinherit close family members should always be made with specialist legal advice.

8. Napoleon Bonaparte

The Emperor instructed in his Will that his head be shaved after death and his hair divided among his friends. Hair was indeed distributed among friends and relatives, and locks of Napoleon's hair have since fetched extraordinary sums at auction. A reminder that items of personal significance can have considerable value, and should be specifically addressed in your estate plan.

9. Nina Wang

Once dubbed the richest woman in Asia, Wang left her entire $12.8 billion estate to a charitable foundation. Her Will was vigorously challenged by a man claiming to be her lover, who was ultimately found to have forged a later Will. This case illustrates two critical lessons: keep your original Will secure, and ensure any amendments are made by way of a formal codicil or new Will, properly witnessed.

10. Patricia O'Neill

O'Neill's Will stipulated that her pet chimpanzee, Kalu, would inherit her $80 million estate. Animals cannot be legal beneficiaries under Australian law. However, you can establish a pet trust naming a human trustee to use funds for your pet's care. Consult a specialist to ensure your pet is properly provided for.

11. Philip Seymour Hoffman

Hoffman left everything to his girlfriend rather than his children, hoping to avoid raising "trust fund kids." He also specified the cities in which his son should be raised. While a testator may include conditions in a Will, conditions that unduly restrict a beneficiary's freedom may be unenforceable. Additionally, his children may have had recourse under family provision legislation. The lesson: if you are departing from the conventional distribution, obtain specialist advice.

12. Ray Fulk

Illinois hermit Fulk left his entire estate to two minor Hollywood actors he had never met, simply because he admired their television work. A valid Will may leave property to anyone. There is no requirement to benefit family members, provided eligible persons are not left without adequate provision. Fulk's bequest was valid.

13. Samuel Bratt

Bratt required his widow to smoke five cigars a day as a condition of receiving his estate. Conditions attached to bequests must not be contrary to public policy. Courts have generally held that conditions designed primarily to punish or humiliate a beneficiary may be struck down, leaving the beneficiary to take the gift unconditionally.

14. Sandra West

West insisted on being buried in the driver's seat of her blue 1964 Ferrari, encased in cement. Her estate was distributed to her brother-in-law on that condition. This is, in its way, a perfectly valid conditional bequest. The condition was satisfied, the estate was distributed. An eccentric but legally unimpeachable Will.

Weird Wills — Are They Legally Valid?

A substantial proportion of "weird Wills" end up being contested in court. Unusual clauses invite scrutiny. If something in your Will, however inadvertently, renders it invalid, your estate will be distributed according to the intestacy provisions of Part 4 of the Succession Act 2023 (SA) — which may bear no resemblance to your wishes.

Under the Succession Act 2023 (SA) (commenced 1 January 2025), all Wills, probate matters, and intestate estates in South Australia are now governed by this single consolidated statute. References to the Wills Act 1936 (SA) and the Administration and Probate Act 1919 (SA) are obsolete.

Want to Find Out More?

If these stories have prompted you to review your own Will or estate plan, Genders and Partners — South Australia's oldest and most experienced estate planning law firm — is here to help.

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 Wills Resources

• Probate and Estate Administration FAQs | Genders and Partners
• What is Probate and is it always required in South Australia?
• 12 Dangerous Stresses of Administering a Deceased Estate in SA
• Weird Probate Issues Part 3
• Weird Probate Issues Part 5
• Weird Probate Issues Part 8 | Genders and Partners

All these and many more probate and wills topics are available for discussion with the oldest law firm in South Australia. Visit our Adelaide Lawyer Blog for more articles.

This article revised and updated 6 October 2026.

Disclaimer: The content of this article is general in nature and is not intended to constitute legal advice. Wills, probate, and estate planning matters can be complex, and laws and procedures may change over time. You should always seek independent legal advice from a qualified practitioner before making decisions about your estate.