Gene Hackman’s estate battle reveals the importance of Wills and estate planning

When news broke that Oscar-winning actor Gene Hackman, 95, and his wife, 65-year-old Betsy Arakawa, were both found deceased at their Santa Fe home on February 26, the world mourned the loss of a screen legend.

Hackman, who retired from acting nearly two decades ago, was known for keeping his personal life out of the spotlight. He and Betsy had been married for over 30 years and had signed their Wills back in 2005.

But as more details surfaced about their deaths and the legal intricacies surrounding their estate planning arrangements, what unfolded was a rare, real-world example of just how complicated estate planning can become when life takes an unexpected turn.

What seemed like a simple celebrity estate quickly turned into a case study in how timing, legal detail, and carefully chosen words can shape the outcome of a will.

Gene Hackman and his wife, Betsy. Image credit: Mark J. Terrill / Associated Press

Understanding survivorship clauses

Gene Hackman died of heart disease and advanced Alzheimer’s, just one week after his wife, Betsy, succumbed to a hantavirus infection. With a career that spanned decades and a reported fortune exceeding $80 million, Hackman’s legacy is undeniable. But in a surprising legal twist worthy of one of his own films, he is legally considered to have died before his wife.

Why? The answer lies in a lesser known but critically important estate law principle known as a survivorship clause. While Gene Hackman’s estate was dealt with under U.S. law, a similar principle applies in all Australian jurisdictions.

In Australia, a beneficiary must survive the will-maker by at least 30 days, unless the Will states otherwise. If they don’t, they’re treated as though they died before the will-maker, even if they technically passed away later. 

These clauses exist to reduce legal complexity in cases where two people die close together, for example in a car accident or plane crash. Without a survivorship clause, disputes can arise over who died first, which can affect how property is distributed. It also helps to simplify the process of surviving family members, especially when joint property is involved. 

In Betsy’s case, her Will went even further. It included a clause stating that no person would be considered to have survived her if they died within 90 days of her death. Hackman died just seven days later, far short of the 90-day threshold.

The result? Gene was deemed to have predeceased Betsy, making him legally ineligible to inherit anything under her Will. If Gene did not outlive her, the remainder of her estate was to be donated to charity. That’s precisely what happened.

Family provision claims in Australia

It’s been reported that Hackman’s three adult children from a previous marriage were not specifically named in his Will. However, the children may still form part of a class of beneficiaries under the terms of the Hackman Trust and may be entitled to a distribution of trust property.

If a child of a deceased person is excluded from a Will in Australia, there is family provision legislation that provides a mechanism for children and other eligible persons to bring a family provision claim arguing that adequate provision was not made for their maintenance and advancement in life under the Will of the deceased or under the rules of intestacy, in all the circumstances.

The Court will consider a range of factors including the size of the estate, the nature and extent of the relationship between the deceased person and the claimant, any contribution made by the claimant to the welfare of the deceased person or any contribution to the maintenance and improvement of the deceased person’s estate, the personal and financial circumstances of the claimant and their needs, amongst other things. 

But behind all the fame and fortune lies many valuable lessons about the often overlooked details in a Will that can significantly impact how an estate is ultimately distributed if life doesn’t go as planned. 

Key Estate planning lessons:

• Review your Will every 3–5 years, or whenever a major life event occurs (e.g., marriage, divorce, birth of children or grandchildren, or a significant financial change).
• Appoint more than one executor and trustee. Preferably, people from different generations.
• Think carefully about survivorship clauses and what happens if you and your partner pass away around the same time.
• Understand the limits of Wills, especially if you have family trusts, joint assets, or superannuation (which often requires separate binding nominations).

Your Will is not just a legal formality, it’s the only way to ensure that your wishes are carried out, your family is supported, and your legacy is protected. Estate plans should be reviewed regularly, especially after major life events like a marriage, divorce, or the death of a loved one.

Maurice Blackburn has extensive experience in trust and estate litigation. If you need assistance with an estate issue, please contact our experienced Wills and Estate lawyers today.