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A Hot Mess in HotD: Why the Targaryans Needed an Estate Plan

Jordan Walker, J.D.

Article by: Jordan Walker, J.D.

Attorney Editor

Reviewed by Joseph Fawbush, Esq. | Last updated on

George R.R. Martin’s Game of Thrones spinoff show House of the Dragon Season 2 is wrapping up on HBO Max. Civil war continues to spread through Westeros over who will sit on the Iron Throne.

King Viserys I Targaryen made it clear that he wanted his eldest daughter, Rhaenyra Targaryen, to take his place as ruler of the Seven Kingdoms after his wife Aemma died leaving him without a male heir. However, things got complicated after Viserys married Alicent Hightower.

Why? Because blended families are tough, especially when your second wife gives you three sons. Despite his growing family, Viserys stood behind his decision to make Rhaenyra his heir to the throne.

Why the need for “Fire & Blood” if Viserys made his intentions clear? He failed to put his wishes in writing. A simple will could have prevented the Dance of the Dragons between the members of House Targaryen.

Warning: Spoilers ahead

The Greens vs. The Blacks

Despite Rhaenyra’s status as the chosen heir, tensions in the Red Keep ran high before Viserys died, and the family divided into two opposing teams. Here’s a quick breakdown of the drama in King’s Landing:

  • Rhaenyra has a fling with Kingsguard knight Ser Criston Cole, who’s pretty bitter when she breaks things off.
  • Viserys’ younger brother, Daemon Targaryen, thinks he should have been next in line for the throne instead of Rhaenyra, and he pops in and out to prove himself and cause trouble as the second son of Baelon Targaryen.
  • Rhaenyra marries Laenor Velaryon, the son of Rhaenys Targaryen and Corlys Velaryon, but the children born during their marriage, Jacaerys, Lucerys, and Joffrey, are rumored to be fathered by Harwin Strong (Larys Strong’s brother).
  • Rhaenyra’s sons fight with her half-brothers, Aegon II and Aemond Targaryen, who ends up losing his eye and gaining a lifelong desire for revenge.
  • Rhaenyra’s husband dies (through murder?), and she marries Daemon in a secret ceremony at Dragonstone.
  • Aegon II marries his sister, Helaena Targaryen, and Otto Hightower pressures Viserys to make Aegon his heir over Rhyaenyra. Viserys gets mad, removes Otto from his position as hand to the king, and banishes him from court.

Finally, Viserys gets really sick. He tries to unite his family, but it’s pretty clear they’re divided. Team Black is Rhaenyra and her descendants as next in line to rule the realm. Team Green is Alicent and her children as Viserys’ true heirs.

If you haven't spent hours in Westeros and couldn't quite follow which in-laws are murdering which cousins, that's okay. Viserys could have made it a lot simpler with better estate planning.

Did Viserys’ Have a Valid Will?

When Viserys is on his deathbed with only Alicent by his side, he incoherently talks about the “the prince that was promised” in his last moment. Alicent believes he’s telling her his final wish that their son Aegon should be named the next king.

A nuncupative or “oral” will is a verbal will typically given by someone on their deathbed. They’re rarely accepted because they are so difficult to prove. To make a valid will, you generally have to meet these basic requirements:

  • The will-maker must be of legal age and have testamentary capacity
  • The will-maker must voluntarily enter into the will
  • The will should be witnessed by two disinterested parties

Let’s pretend the small council is holding probate court to determine whether Alicent can prove the existence of a valid will and legally declare her son King Aegon II Targaryen.

  • Testamentary Capacity: It would be difficult to establish Viserys had testamentary capacity to make a will. Usually, this means the will-maker is of sound mind. During Viserys’ final days, he was constantly given "milk of the poppy," an opiate, to alleviate his pain and suffering. Anyone contesting the oral will could argue Viserys’ mutterings about “the prince that was promised” were drug-induced ramblings about Aegon the Conqueror’s dream known as “the song of ice and fire.”
  • Voluntary Intent: A will-maker must voluntarily enter into the will. When Viserys was well, he repeatedly expressed his wishes that Rhaenyra would succeed him, even after the birth of his sons. A will executed by someone who is under duress or undue influence is not valid. It’s unlikely Viserys intended to dispose of the Iron Throne while on his deathbed because he had already gifted it to Rhaenyra.
  • Disinterested Witnesses: Alicent cannot prove the presence of disinterested witnesses. These are individuals who will not personally benefit under a will. The only person present when Viserys gave his final words was Alicent. If Aegon is named king, she becomes the Queen Dowager and mother of the current monarch, making it difficult to dispute the benefits to herself.

Clearly, estate planning is crucial for dragon rider families whose assets include fiery beasts like Vhagar, Sunfyre, and Meleys. You may not own a dragon, but you can protect your loved ones and your less ferocious pets by creating your last will and testament.

Meanwhile, you can watch Emma D’Arcy, Matt Smith, and Olivia Cooke continue to fight over the Iron Throne on the hit show.

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