Gene Hackman and his wife, Betsy Arakawa, died under tragic circumstances just seven days apart. Their bodies went undiscovered inside their Santa Fe home for another week. The mystery behind their shocking deaths has finally been revealed after days of speculation. There might be more challenges ahead as their estates are settled. Recent reports suggest Gene Hackman cut his three children from a previous marriage out of his will, leaving everything he owned to Arakawa. Could his children consider contesting the document? While it’s possible, it’s unlikely to be successful, claims a legal expert.

Contesting a will isn’t as common or easy as you may think

Despite what pop culture might have us believe, contesting a will is neither common nor particularly easy. According to Blue Notary, a tiny percentage of wills are contested yearly. The success rate of those cases is exceptionally low, too.

For a person to successfully contest a will, they have to prove that the document is invalid for one of several reasons. Fraud, the existence of a more recent document, and undue influence are all considered grounds for contesting a will. The most common argument for contesting a will is lack of testamentary capacity.

According to Western & Southern Financial Group, lack of testamentary capacity means the person who signed the will was not mentally capable of making decisions or understanding the nature of the document when they signed it. While it’s unclear if Gene Hackman’s children plan to contest his will, this is likely the ground they would use. It is also what would make it difficult to succeed, theorizes a legal expert.

A legal expert weighs in on Gene Hackman’s will

Are Gene Hackman’s children planning to contest his will? It’s impossible to say, but it would be a difficult battle if they do. A legal expert connected with People after news about the actor’s will broke. The expert,  David A. Esquibias, is not connected to the case but works in the field. He told the publication that the Hackman children would have difficulty invalidating the document because of its age if they were interested in doing so.

Esquibias notes that the documents were signed in 2005, meaning they were not “death bed documents” and were signed when both Arakawa and Hackman were in good health. There don’t appear to be new documents floating around, and the couple’s long-standing marriage would make it difficult to prove fraud or undue influence. There does not appear to be grounds to contest the will, but Esquibias isn’t sure that is what the family is planning anyway.

After TMZ reported that Hackman’s son hired an attorney, rumors of a legal battle erupted. Esquibias is reasonably certain that the decision to hire legal representation is relatively routine. It does make sense. Given the timing and nature of the couple’s deaths, figuring out the next steps may get complicated. Legal representation is probably in the Hackman family’s best interest, whether they are looking to contest Gene Hackman’s will or not.