The Dog Days of Probate

 This guest post is courtesy of Jordan Burgan, Regent Law 3L:

One of the fundamental principles of Wills, Trusts, and Estates law is that every testator has the constitutionally protected opportunity to transfer their wealth as they see fit. This freedom can lead to some truly unusual and sometimes controversial results. At its core, estate planning is meant to honor the intent of the testator, but in practice, that intent does not always prevail. When unconventional bequests collide with family expectations or public policy concerns, the result is sometimes prolonged litigation that can unravel the most carefully drafted plans.

A well-known example of this is Quaker State Refining Company heiress Eleanor Ritchey, who left her 150 rescued dogs the bulk of her $4.3 million estate. Her will instructed the trustee to supervise and provide for the dogs until all had been placed in homes or died, after which the remaining assets would go to Auburn University’s School of Veterinary Science. While the plan reflected Miss Ritchey’s clear affection for animals, it did not go unchallenged. Just one year after her death, relatives contested the will, triggering five years of contentious legal battles that ultimately ended in a out-of-court settlement. The result: her two half-sisters and a half-brother receiving 15% of the estate, nearly $2 million; a diversion from her original intent.

But shouldn’t the deceased’s intent control? After all, isn’t that the very purpose of creating a will or trust with specific, often deeply personal, thoughtful instructions? While the law places great weight on testamentary intent, it also balances that intent against competing legal interests, including family protections and judicial oversight. A will or trust may be the testator’s final opportunity to have the last word, but even with careful planning, those words can be diluted or even rewritten by competing legal pressures.

References:

AP, Dog’s Death will Enrich a Veterinary School, NEW YORK TIMES (Dec. 27, 1983), https://www.nytimes.com/1983/12/27/us/dog-s-death-will-enrich-a-veterinary-school.html.