Last week, a judge determined that Aretha Franklin’s 2014 Will is valid and therefore supersedes her earlier 2010 Will. This revelation will result in an uneven distribution of the estate, with some benefitting more from it than others. Will those left worse off let it be, or will they respect Franklin’s wishes?
What happened?
Sadly, Franklin died from pancreatic cancer in August 2018. Many believed that she died without a will that provided instructions on how to divide the empire she had accumulated. Sabrina Owens, who was Franklin’s niece and executor, stumbled upon two sets of handwritten documents inside her house in Detroit, 9 months after Franklin’s death. One is from June 2010 and the other is from March 2014. What did this mean for the beneficiaries?
Franklin’s estate, which includes properties, cash, gold, and her music copyrights, was to be distributed equally between her four sons under her 2010 will. In contrast, the 2014 will distributes her estate unevenly. Kecalf Franklin Cunningham, the youngest of Franklin’s children, will benefit from the change because he will receive a property that is considered the ‘crown jewel’ of Franklin’s belongings. The property was estimated to be worth £870,000 in 2018.
Is the Will valid?
It’s a common mistake to believe that a qualified solicitor is the only one who can prepare a will. Whilst the safest practice is indeed to have a solicitor draft a will, this is not a legal requirement. Although the laws surrounding the requirements of a valid will differ in the United States and England and Wales, here a will is valid on the face of it if it:
- The Will is in writing; and
- The Will is signed by the testator (the person making the will) in the presence of at least two witnesses who must also sign the will.
Despite the homemade and handwritten nature of Franklin’s will, it has been deemed valid by US law. The case is still ongoing due to the common issues that follow homemade wills. A typical issue that arises from homemade wills is ambiguity. In Franklin’s case, it is unclear what to do with the sale proceeds of one of her properties valued at £790,000 as the 2014 will does not state who should receive it. The benefit of instructing a solicitor is, of course, their expertise but also the notes they may have on file. In a case where there is some uncertainty, the solicitors’ notes may shed light on the deceased’s wishes.
This case has many important aspects to consider, even though it is based in the US. Wills are complex. In many cases, the larger the estate, the greater the complexity tends to be. Be wary of making a homemade Will. To ensure your estate is dealt with quickly and your wishes are respected, it is crucial to have a Will in place, and to make sure your latest Will is clear and easy to understand.
For assistance in relation to your Will, please do not hesitate to get in touch with one of our expert Wills, Trusts and Probate team. We also have a specialist team who are able to assist with Contested Wills, Trusts and Probate.
