In the blockbuster Black Panther, the American actor, Chadwick Boseman played T’Challa, a king who commanded the fictional African nation of Wakanda, the most technologically advanced on Earth. Rallying his forces behind the battle cry ‘Wakanda, forever!’, he helped save Wakanda and prevent a global war.

Even the mighty Black Panther, however, could offer no resistance against one surprisingly ordinary problem: Dying without a will.

Almost six years after the actor lost his battle with colon cancer, aged just 43, his family is back in court over the distribution of his assets. His brothers, Derrick and Kevin Boseman, have applied to have his widow, Taylor Simone Ledward, removed as estate administrator. (No executor is involved because in California one is only appointed when there’s a will, which there wasn’t in this case.)

The allegations include that the actor’s assets have still not been properly accounted for and distributed, despite a court-approved distribution agreement dating back to 2022. Ledward has not yet responded publicly to these allegations.

The disputed assets reportedly include cash, royalties, residual payments, intellectual property rights, a previously undisclosed bank account and a long-term care policy for the Bosemans’ mother. The surviving brothers want an independent professional fiduciary and forensic accountant to take over the estate.

This unfortunate family feud is no longer only about who gets what. It is about who controls the estate, what belongs in it, whether everything has been disclosed and why the process is still dragging on.

It’s the kind of sequel no family wants!

Boseman died in August 2020, just days after marrying Ledward. He left no will. So, California intestacy rules apply to his estate. California is a community property state so there is separate property (assets acquired before marriage) and community property (assets acquired after marriage). The intestacy rules direct that where there is a spouse and parents (no children) then 100% of the community property goes to the spouse while the separate property is equally distributed 50% to spouse and 50% to parents.

The latest instalment of the legal battle centres around the parents’ portions, and certain assets.

What would happen in South Africa?

South African estate law would not divide this deceased estate in the same way. Our Intestate Succession Act determines who inherits when someone dies without a valid will. The outcome depends on who survives the deceased, including a spouse, children and then other relatives.

The important bit to bear in mind about dying without a will is that the law then provides a plan for your deceased estate, which may look nothing like the plan you would have chosen.

A verbal promise or a family ‘understanding’ is not a valid will. Even where a message or informal document records someone’s wishes, proving that it was intended as a will may require an expensive court application with the outcome far from certain.

What do we learn from this scenario?

A will is about more than deciding who inherits your home or money. Your will is also the place to nominate an executor, create testamentary trusts for minor children, and leave clear instructions about how your assets should be handled and who should inherit.

Remember the intangible assets. Intellectual property, shares in a business, cryptocurrency, online and social media accounts or income streams that continue after death… these all become part of your deceased estate. Your executor needs to know that they exist and where to find the relevant records and information to access them.

Choose your executor carefully. Estate administration involves reporting the estate, identifying assets and debts, dealing with outstanding tax returns, communicating with beneficiaries and distributing inheritances. It is a technical job requiring professional skills, not an honorary title for your favourite cousin.

Talk to your family. A will provides the legal instructions, but an open, honest conversation with your loved ones can help manage expectations and reduce the suspicion that often surfaces when people are grieving while waiting for answers and money.

As an actor, Chadwick Boseman’s legacy is secure. But the legal disputes about his deceased estate serve as a reminder that fame, wealth and even a superhero’s superpowers cannot protect against poor planning.

No matter how much or how little you own, how great or small your achievements in life may be, you need a valid will, a carefully chosen executor, and a clear record of what you own.

Superheroes protect people in the movies. A valid will protects the people you love in real life.

NOTE: The full court order was not available for review at the time of writing. References to the 2022 distribution order are based on consistent reporting by multiple mass-media outlets covering the court proceedings.

Written by Deenisha Nadesan, Managing Director of Fiduciary Services at Capital Legacy