The Great Stork Derby: What Happens When a Will Is Unclear?
- Colin McMichen
- 6 days ago
- 5 min read
A common assumption is that a properly drafted will ensures a smooth and predictable transfer of assets. But history shows that even legally valid estate plans can lead to confusion, disputes, and court involvement when key terms are not clearly defined.
In 1926, a wealthy Canadian lawyer named Charles Vance Millar passed away and left behind one of the most unusual wills ever written. Known for his eccentric sense of humor and unconventional financial decisions, Millar included several surprising gifts in his estate plan.
But one provision stood out above the rest.
He directed that a significant portion of his estate be awarded to the woman in Toronto who gave birth to the most children within ten years of his death. The prize was substantial—worth millions in today’s dollars—and it quickly drew public attention.
What followed became known as the “Great Stork Derby”—a decade-long period marked by competing claims, legal uncertainty, and growing public controversy.
At first, the idea appeared simple. But as families came forward and the details of the will were examined, it became clear that critical terms were left open to interpretation. That is where the problems began.
How an Unclear Will Led to Years of Litigation
As the contest unfolded, questions quickly arose that the will did not clearly answer.
Among the most significant issues were:
Who qualified as a “child” under the terms of the will?
Did stillborn children count toward the total?
How should children born outside of marriage be treated?
Because these definitions were not clearly addressed, families interpreted the language differently. What began as a straightforward provision quickly turned into a series of disputes over eligibility and documentation.
Eventually, courts were required to step in and interpret the meaning of the will.
Even government officials attempted to intervene at one point, arguing that the estate should be redirected based on public policy concerns. That effort failed—but it added yet another layer of complexity and delay.
What was intended as a simple distribution plan instead became a prolonged legal process involving years of uncertainty.
Lesson #1: Public vs. Private Planning Matters
One of the most common concerns in estate planning is that probate is a public process.
Because Millar’s will was administered through the court system, details of the estate—and the families involved—became part of the public record. Newspapers followed the story closely, and private family matters were placed under public scrutiny.
This is not unique to historical cases.
When an estate goes through probate today, filings can often be accessed publicly, including:
Asset information
Beneficiary designations
Disputes among heirs
For families who value privacy, this is an important consideration. Proper planning tools, such as trusts, help keep personal and financial matters out of the public record.
Lesson #2: Your Plan Must Work in Real Life
Millar’s will also highlights another important issue: practicality.
On paper, the provision appeared straightforward. In practice, it required years of effort to administer.
Executors and courts had to:
Track births over a ten-year period
Verify registration records
Interpret unclear eligibility requirements
This illustrates a key principle in estate planning:
If a plan is difficult to administer, it becomes vulnerable to delay, confusion, and dispute.
A well-drafted estate plan should not only express your intentions—it should be practical enough for your chosen fiduciaries to carry out without unnecessary uncertainty.
Lesson #3: Incentives Can Backfire
The structure of Millar’s will effectively created an incentive-based system tied to inheritance.
While incentive provisions can be used thoughtfully in modern estate planning, this example shows the risks when they are not carefully designed.
Unclear or overly complex incentives can:
Influence behavior in unintended ways
Create pressure or resentment among participants
Lead to disputes over interpretation or fairness
Incentive planning can be effective when used appropriately—but it must be structured with precision and foresight.
Lesson #4: Timing and Delays Can Change Outcomes
The structure of the Great Stork Derby required evaluation over a ten-year period. That long timeframe, combined with legal disputes, created significant delays in resolving the estate.
Over time, those delays introduced additional complications:
Family circumstances changed
Legal interpretations evolved
Public attention increased pressure on the process
In estate planning, timing matters. The longer an estate remains unresolved, the more opportunity there is for confusion, disagreement, and unintended consequences.
Clear structure and efficient administration help reduce these risks.
Lesson #5: Your Estate Plan Is Part of Your Legacy
Charles Vance Millar is remembered today—but not primarily for his career or business achievements.
Instead, he is largely remembered for what happened after his death.
His estate plan became his legacy.
This highlights an important truth in estate planning:
Your will or trust is not just a legal document—it is part of how you will be remembered.
A well-structured plan can reflect your values, protect your family, and preserve harmony. A poorly structured one can create confusion that lasts far beyond your lifetime.
How the Great Stork Derby Ended
After ten years of uncertainty, legal challenges, and public scrutiny, the Great Stork Derby finally came to an end.
By the late 1930s, the courts had narrowed the field of contenders. Some women who had expected to share in the estate were disqualified because certain births were not properly registered or because some children were deemed ineligible under the court’s interpretation of the will.
In the end, four Toronto mothers tied for first place. Each had given birth to nine properly registered children during the ten-year period following Charles Vance Millar’s death. The estate was divided equally among them.
Although the contest eventually produced winners, the result came only after years of litigation, delay, and public controversy.
That outcome underscores an important estate planning lesson: even when a will is ultimately enforced, unclear terms can leave families waiting years for answers while courts—not loved ones—decide what the deceased really meant.
Final Thoughts
The Great Stork Derby remains one of the most unusual estate planning cases in history. But beneath the headlines is a very practical lesson.
Even a legally valid will can create serious problems when it is not clear, practical, and carefully designed.
The key lessons are simple:
Clarity matters more than creativity
Planning must work in the real world, not just on paper
Privacy, timing, and administration all matter
Your estate plan becomes part of your legacy
A well-drafted plan avoids confusion before it starts.
If you would like to learn more about the Great Stork Derby click here to read an article by Smithsonian Magazine. To see an image of Charles Vance Millar's will, click here.
Your Next Step
The Great Stork Derby reminds us that unclear planning can create lasting complications. Whether you are creating an estate plan for the first time or would like our firm to review an existing plan, we would be happy to help you put clear, thoughtful planning in place that reflects your wishes and helps your family avoid unnecessary confusion.
About the Author
Colin McMichen is an experienced attorney and the founder of Provident Law / Estate Planning LLC, a Birmingham, Alabama-based firm. With a focus on estate planning and probate law, Colin is dedicated to helping individuals and families in Alabama and Florida navigate complex legal matters with confidence.
Disclaimer
This article is intended to provide general information and help you think through important estate planning decisions. It is not legal advice and does not create an attorney-client relationship. Because every situation is different, we encourage you to consult with an experienced estate planning attorney to discuss your specific goals and needs.
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