Mickey Rooney's Will Contested

We recently published a blog following the death of Hollywood legend Mickey Rooney — perhaps known best for his roles in Breakfast at Tiffany's and A Family Affair — where we emphasised the importance of obtaining proper legal advice when preparing a will, as failure to do so can leave a will open to challenge.

Of course, challenges occur most where people who are expecting to benefit when a family member dies, do not. This is exactly what has happened in relation to Mr Rooney's will.

Rooney died of natural causes on 6 April 2014, aged 93, having updated his will on 11 March - only a few weeks before his death. Perhaps controversially, Rooney left his entire estate, said to be worth $18,000 but worth potentially more in terms of licensing rights and memorabilia, to his stepson Mark Aber and Mark's wife Charlene. Aber was the actor's caretaker the last two years of his life. He left nothing to his own wife Janice Chamberlain, his eight biological children or two other stepchildren.

Rooney's wife and children question the validity of the will, and have commenced legal proceedings.

Chamberlain is thought to have signed settlements agreements, waiving any claims to her husband's estate following their separation in June 2012. However, Chamberlain's lawyer Eugemne Belous is reported to have claimed:

"There is no provision in either of the two settlement agreements ... that terminates or in any way effects [her] rights as surviving spouse."

But, Michael Augustine, Mickey Rooney's court-appointed conservator, who is also named as executor in the will and the actor's lawyer, told CNN the challenge "is totally without merit." He continued: "She [Jan] cannot resist her additional five minutes of fame."

Rooney's biological children have also contested the will with paperwork having been filed with the Californian Superior Court against Augustine, alleging he and Mark Aber took advantage of Rooney. The court documents read:

"Decedent's health was failing and he was of very advanced age; Respondent had come to be the court appointed conservator of the estate and person of Decedent after a long and traumatic period in his life involving elder abuse..."

"During this period, Respondent acted in concert with Aber, Decedent's step-son, who occupied a position of trust and confidence as the caretaker of Decedent and who, during this period, lived with Decedent along with Aber's wife, Charlene Aber, before and up to the time of Decedent's death... Decedent reposed trust and confidence in Aber."

"Respondent and Aber were able to and did control and influence the mind and actions of the Decedent to such an extent that Decedent did whatever Respondent and Aber instructed him to do,"

"Taking advantage of this trust and confidence, Respondent and Aber suggested and dictated the contents of the Document, arranged for the execution of the Document, and caused Decedent to execute the Document."

With the will being contested on two fronts, Los Angeles Superior Court Judge Lesley Green delayed admitting the will to probate and postponed any action until 23 June 2014.

Green did give Augustine permission to conduct some duties, including handling litigation involving Rooney arsing before the actor's death and arranging a post-burial memorial tribute to Rooney.

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Whether making, updating or contesting a will, getting proper legal advice is vital. Call Szabo & Associates today on 02 9281 5088 to book an appointment or to speak with one of our specialist solicitors with the experience to help you ensure your wishes are met. Alternatively, please complete the contact form on the right-hand side of this page.