In episode 5 of WandaVision, we learn that Vision’s body fell into the custody of the government agency S.W.O.R.D. after his death—against his expressed wishes that his body never be weaponized (explored in last week’s article here). Of course, we can only speculate about the laws that exist in the fictional MCU. Still, based on the laws that exist in our real universe, a failure in estate planning is likely to blame for this outcome. 

Could an android have a valid will?

Vision’s existence is legally complicated. His ability to sign the Sokovia Accords is probably not sufficient in and of itself to grant him status as a “person” under the law. Historically, the law hasn’t always treated people equally even in the best of cases. Legislation that would have granted legal status or citizenship to a sentient android—especially an android who is the only one of his kind—might not be a priority for most lawmakers, even in a science-fiction universe. Instead, their priorities focused on creating laws designed to control Vision’s behavior as a super-powered being—mainly, the Sokovia Accords. 

Because of this, the laws in the MCU would most likely have considered Vision to be property. The laws in our own universe are always behind when addressing new technology, and it’s reasonable to believe that laws in the MCU would be no different. For example, the relationship between end-users and digital content platforms, such as Amazon, is still fraught with problems. Lawmakers have barely begun to understand that digital assets such as e-books have real value, and these digital assets often can’t be bequeathed in a will like physical belongings due to Terms of Service prohibiting transfer. 

If Vision is legally considered “property,” then who owns him?

If the laws in the MCU fail to recognize Vision as a person for any purpose outside those situations outlined in the Sokovia Accords, he could arguably be “owned” by either the nation of Wakanda, Dr. Helen Cho, or Tony Stark. His body was physically made from vibranium that was stolen from Wakanda, he was 3D printed using technology that was developed and owned by Dr. Helen Cho, and his consciousness runs on software that is a combination of the Mind Stone and Tony Stark’s intellectual property. 

Out of the three, Tony Stark is the most likely to be considered Vision’s legal “owner.” While Wakanda might have a potential claim as a legal owner, it’s unclear that Wakanda is even aware that their stolen vibranium was found and used to create Vision, and as such they have not made any claims to ownership. And although Dr. Cho’s technology was used to create Vision’s body, she was acting under the direct control of Ultron and the Mind Stone at the time. Setting aside questions about free will, for all legal purposes she acted more as an independent contractor than a primary creator.

Ultron was Tony Stark’s creation, and ultimately Vision’s software and operating system were based around JARVIS, also Tony Stark’s creation. Since JARVIS was Tony’s personal companion and artificial assistant rather than a product to be sold, any intellectual property filings related to JARVIS were likely in Tony Stark’s name rather than in Stark Industries’ name. 

Therefore, since most of Vision’s creation was accomplished through Tony Stark’s intellectual property, it is most likely that he is the legal owner of Vision.   

Considering that WandaVision takes place weeks after Avengers: Endgame, in which Tony Stark passed away, Vision would be considered part of Tony Stark’s estate . . . but only IF the executor of his will (his wife, Pepper Potts) knew to include Vision as an asset. 

Could Pepper really have missed such a critical detail? 

Unfortunately, it happens all the time. Often, widows are unable to access certain assets because no plan was made for them. It’s not uncommon for a surviving spouse to be locked out of accounts to online assets because they don’t have a password. A recent example is the loss of assets purportedly worth $145 million when QuardigaCX’s CEO Gerald Cotten suddenly died and his widow did not have the password to open his encrypted laptop. 

And that’s if heirs even know about the account in the first place. 

Don’t Leave This Out of Your Estate Plan

When people do not have proper estate planning in place, then assets often get lost. This means that these assets fall into the hands of the government. For example, in our universe, the State of California currently has over $10 BILLION in unclaimed property. And in the MCU, Vision’s body is in the custody of a government counterterrorism and intelligence agency.

DIY plans where you create documents online and traditional estate planning that provides documents-only services are incomplete. Whether your estate is valued in millions or thousands, your plan must include a comprehensive inventory of all of your assets. This inventory should also include detailed instructions for how your heirs can find and access every asset.

At AMO LAW, an asset inventory like this is a standard part of every estate plan we create. If Tony and Pepper had a comprehensive estate plan that accounted for all of Tony’s assets, or if Vision himself had attempted to make an estate plan and discovered that he was likely to be considered property after his death, the events of WandaVision might have played out very differently.

This article is a service of AMO LAW, Personal Family Lawyer®. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Legacy Planning Session during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. Schedule a Legacy Planning Session and mention this article to find out how to get this $750 session at no charge.