Estate Planning

Brittany Murphy's Will

By Hull & Hull LLP

Brittany Murphy, the star of many TV shows and movies (and, as I have just discovered, the voice of Luanne on TV's The King of the Hill) died on December 20, 2009 at the age of 32.

It has just been disclosed that she has left her estate to her mother, Sharon Murphy. Her husband, with whom she was living, is expressly left out of the will. Her will, it is said, read: 'I am married to Simon Monjack who I have intentionally left out of this will."

Monjack is reported to have requested that this clause be put in Murphy's Will, which was made shortly after their marriage in 2007. In a prior handwritten will, Murphy also left her estate to her mother.

In Ontario, a married spouse who does not receive adequate provision under a spouse's will has several options (should they choose to remedy the insufficient or non-existent bequest). The surviving spouse would have the right to elect for an equalization under the Family Law Act, or for support under the Succession Law Reform Act. The surviving spouse may also have a claim on the basis of a constructive trust, or proprietary estoppel.

Thanks for reading.

Paul Trudelle

Paul E. Trudelle - Click here for more information on Paul Trudelle.

Full post as published by Toronto Estate Law Blog on March 04, 2010 (boomark / email).