May the fourth be with you...and your Will
Published on
Member blog from Marie Curie's Claire Mackie & Duane Saunders
It’s May the fourth – aka. Star Wars Day (you know, May the Fourth/Force be with you?).
So, here’s a blog that uses examples from the Star Wars saga to illustrate why you should have a Will in place. Because, unlike Star Wars, your Will should not be written a long, long time ago as the need for it may not be far, far, away.
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A Will Yoda Needs
If Yoda has no family (and we have no evidence to the contrary), and no Will in place, and he lived in the UK, his entire estate would go to the Crown. You’d have to exhaust all possibilities of any relatives in a particular order, and this is different for England/Wales and Scotland.
But Yoda didn’t live in the UK, he lived on the planet Dagobah which means his estate would be inherited by the Sith Empire. So, the Sith Empire are now the proud owners of his home, his swamp, and probably some really old things that are quite valuable being that they may be 900 years old just like their owner.
Despite all this, Dagobah doesn’t seem to respect this idea of legal inheritance because Luke nicked it all anyway.
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Skywalker succession scenarios
Let’s just say you were Anakin Skywalker, and you die without a Will.
Between questions of parentage, spouse survival, and two untimely deaths, things are looking a bit complicated! However, they needn't have been, had Anakin made a Will.
Instead, and on the basis that we don’t know how inheritance laws work in the Empire, the First Order, the Republic etc., let’s apply the laws of England/Wales and Scotland to some scenarios.
The Force... is your father?
Anakin’s Mother is Shmi, and she maintains that Anakin has no father – rather he is a product of ‘The Force.’ Well, ok. So that’s unlikely to stand up in a UK court, so here’s a potential complication. In the UK we would accept there is an unknown father?
In England, Wales & Scotland:
When Anakin’s birth certificate is checked (there is no evidence that slaves would have been legally registered in Tatooine,) and there is no Father listed, then Shmi would inherit the full estate. Unless, the father can prove that he is the father and the onus would be on him to do so.
A deceased mother and surviving wife
Anakin marries Padme, the ex-Queen of Naboo, and now Senator of Naboo. She falls pregnant, but by this time Anakin has turned to the Dark Side to become Darth Vader. Darth Vader kills Anakin “from a certain point of view”. Darth Vader doesn’t know (until much later) than he has twin children; Luke and Leia. In any case, Anakin has a deceased mother and surviving wife, but no Will.
In England & Wales:
Let’s look at this before the twins are born: Padme inherits the whole estate
However, if the twins are already born: Padme would inherit possessions (bearing in mind that the Jedi believe there are no possessions beyond their light sabre…) and property, the first £270k and half of the estate. The children would then inherit the remaining half of the estate shared between them.
In Scotland:
Let’s look at this before the twins are born: Padme inherits the whole estate. Had Shmi still been living; Padme would get the marital home up to the value of £473k. She also gets the furniture and household items up to £29k, then a further £89k in cash and ½ of the rest of the estate. Shmi would inherit the remaining ½ of the estate.
However, if the twins are already born: Padme gets the marital home up to the value of £473k or a lump sum up to £473k. She also gets all the furniture and household items up to £29k, then a further £50k in cash and ⅓ of the rest of the estate. The children would then inherit the other ⅔ of the estate split between them.
A surviving spouse
Padme dies in child birth, Anakin is now Darth Vader, and Luke and Leia are separated on the instruction of Obi-Wan and Yoda to protect them from Anakin (now Darth Vader). In this instance, Padme dies with no Will and nobody, bar Obi-Wan and Yoda know about the children.
In England and Wales:
If we take the view that, technically, Darth Vader is the surviving spouse he therefore would receive Padme’s full estate.
However, if we take the view that Anakin has been “killed” by Darth Vader and no one knows about the children, the question then is does Padme have living parents, siblings, grandparents, aunts or uncles? If not, then her estate passes to the Crown, let’s say of Naboo.
In Scotland:
If Darth Vader is considered the surviving spouse then, like in England and Wales, he would receive everything.
If Darth Vader is the surviving spouse, but Padme’s parents are still alive then Darth would receive interest in Padme’s home up to a maximum value of £473k, household contents up to £29k, then a further £89k in cash and half of Padme’s estate. The remaining half would go to Padme’s parents, or, if Padme had siblings, then the a quarter goes to the parents and the other quarter between her siblings or their descendants.
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Things change, and so should your Will
This may be seemingly obvious, however, let’s take Luke Skywalker as our next example. His Mum has died in childbirth, he is led to believe his father was killed, and then his Uncle and Aunt are killed by Storm Troopers.
Luke then finds out that his Dad isn’t dead after all, but then kills him in a dual (perhaps in self-defence). In between all this he kisses a girl…who turns out to be his SISTER?! Much later he attempts to kill his nephew and then eventually dies battling him.
Any one of those happenings would be a trigger to update your Will – and, as Luke should have learned by this point, you really can’t predict how your situation may change.
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Sadly, there is no real discussion about inheritance law in Star Wars, and no scenes where anyone writes a Will (let alone considers a gift to a charity).
I think we can agree though, that at least some of these conversations should have taken place and the omission of these in the life story of some of these characters is fairly irresponsible. I will concede though, it might not have made for a particularly interesting film (I’d have called it Star Wars: The Planned (and Fully Discussed With My Family) Legacy… just in case you were wondering).
If you’d like to hear more Star Wars jokes or talk about legacy fundraising we’d be delighted to hear from you.
May the force be with you!
Written by Claire Mackie & Duane Saunders
Claire is an experienced Legacy and In Memory Fundraising Manager currently working at Marie Curie UK. Claire specialises in developing maximum impact, creative, imaginative and sometimes even humorous(!) legacy literature and presentations to promote legacy giving. Her true passion is using these to raise the internal awareness of the importance of Gifts in Wills to stakeholders within the charity.
Duane has worked in legacy administration for over 15 years, 8 of those being spent as the Legacy Administration Manager at Marie Curie UK. Duane is a Star Wars super-fan. Claire and Duane are generally found dreaming up weird and wonderful ideas for cross-team working, or alternatively in the nearest Wagamama’s (Other restaurants are available).