As estates law involves the intergenerational transfer of wealth and property, it is one of the oldest and most essential areas of law. So long as private property has existed, succession planning has been a necessity.
One might assume, therefore, that will challenges also have a long history – and that assumption would be correct. One such example from several centuries ago was the conflict over the Estate of King Charles II of Spain, known to history as the War of the Spanish Succession.
Charles was a sickly, impotent man without heirs, however ruling one of the wealthiest states in the world. Though Charles was most directly related, by blood, to the Austrian royal family, he was brother-in-law to both the Austrian Emperor, Leopold I, and the King of France, Louis XIV, each of whom tried to influence Charles’ future succession to favour his respective dynasty.
Thus, when Charles died in November 1700, at the age of 39, a dispute arose over his estate. In his Last Will and Testament, executed in September 1700, Charles bequeathed his inheritance to his French grand-nephew, Philip, grandson of Louis XIV. However, in a prior Will, executed in March 1700, Charles had named his Austrian nephew, Charles, as his royal beneficiary.
Austria subsequently challenged the validity of Charles’ November Will, asserting that his March Will was, in fact, his true Last Will and Testament. Great Britain, a third party interested in preventing rival France from essentially inheriting Spain, supported Austria’s claim. As there was no international Court for disputing probate of a royal succession, Austria and Britain declared war on France the following year.
After over a decade of fighting in Europe, North America, and India, the warring parties ultimately consented to mediation and reached a final settlement in 1714. Philip would inherit the throne of Spain, so long as he renounced any future claims to the French throne. Spain also lost its holdings in Italy and Belgium to Austria, while France would cede parts of Canada (Nova Scotia, Newfoundland, and Hudson’s Bay) to Britain.
Thankfully, most estate litigation today is settled much sooner and much more peacefully.
Fred Tonelli