Evidence is sparse that Michael Jackson's will is a fake

OPINION - Siblings, also known as collateral heirs, often object when disinherited. In reality, not even children are entitled to distribution, as the selection of beneficiaries is entirely left up to the testator...

TheGrio Staff

Jul 31, 2012

In addition, no part of Jackson’s will or family trust includes his brothers and sisters. His will makes no mention of his siblings, and neither does his trust—two different documents, both signed on different dates. Michael’s will is actually very short, and only names his executors, beneficiaries, and intention to create a trust. The will directs his executors to “pour” all of his property into the trust, which is a separate written document that goes into much greater detail about distribution. Like the will, the trust—which is uncontested—leaves nothing to his siblings.

The Jackson siblings may have standing to object to the will as blood relatives, yet their brother had no intention of an estate plan that included them. Because there are two documents that fail to mention the siblings, the validity scale tips in favor of Michael Jackson’s executors, because all of Jackson’s actions show that he wanted to provide only for his mother and children.

The siblings are placing a lot of weight on the will’s signature to prove or disprove validity, which is unlikely to be the sole factor of consideration. In order to assess the validity of a will, courts look to extrinsic evidence. This allows a court to resolve any ambiguities, like a flawed description, an incorrect address, or a questionable signature. There would have to be much more extrinsic evidence demonstrating that the current will did not represent the interests of the testator than just the location question.

The trust instrument, dated March 2002, coincides with the intent of the will, dated July 2002. Seven years passed between the execution of the will and Jackson’s death. The named beneficiaries—Michael’s Jackson’s children—are the unsurprising recipients of the testator’s bounty in both the will and the trust documents. Right now, the extrinsic evidence in the form of the trust puts more weight in favor of the will being authentic.

The siblings may argue that the executors replaced Michael’s interests with their own in a falsified version of the will, but they lack sufficient evidence to prove that Michael wanted anything other than to leave everything to his kids with his mother to guide them. His brother’s intent is clear, even if the nature of the signature is ambiguous.

Kevin Noble Maillard is a professor of law at Syracuse University. Follow him on Twitter at @noblemaillard.

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