Handwritten wills and the Case of Aretha Franklin

Soul singer Aretha Franklin died in 2018 without a formal Will. Under normal circumstances, Aretha’s $6 million estate in the USA would have been distributed in accordance with the intestacy rules. However, the discovery of two handwritten documents halted distribution and set off a 5-year long family dispute.

Two handwritten wills

Two handwritten documents, one found wedged under her couch dated 2014 and another found stored in a locked cabinet dated 2010, both appeared to be Wills written by Aretha Franklin.

Both documents contained varying dispositions, the 2010 Will largely benefitted one of her sons, Teddy White. However, the 2014 Will was more in favour of her other two sons, Kecalf Franklin and Edward Franklin. 

In addition, both documents showed signs of an attempt to vary through scribbles over phrases and additional notes. Considering the law in England & Wales, it could have been argued that both of Aretha’s handwritten Wills were invalid.

A valid Will in the United Kingdom must:

· Be in writing

· Be signed by the testator/testatrix

· Be witnessed by two people

· Have any amendments witnessed in the same way as above

However, the laws in Michigan, Aretha Franklin’s state of residence, largely differ to the above and allow handwritten Wills to be valid so long as:

· It has been written in the handwriting of the person making the Will 

· It has been signed and dated

As can be expected, a dispute arose between the three of Aretha’s sons as to which Will was valid. 

Which will is valid?

This week, the 5-year long dispute came to a close for the family. The court decided the 2014 document is the valid Will of Aretha Franklin on the basis it was the most recently dated document. This decision left her youngest son Kecalf Franklin and her grandchildren to inherit her main home in Bloomfield Hills and equally divided royalty and copyright money between all four of Aretha’s sons.

Can you make a will yourself?

It is important to have a valid Will to ensure your estate is distributed in accordance with your wishes. Not doing so can, as with Aretha’s situation, result in family disputes and even run the risk of loved ones not receiving their intended inheritance.

Whilst you can choose to make your own arrangements for preparing a Will, it is always recommended to speak to a specialist. There are often matters that you may not have considered particularly in relation to complex family circumstances, owning a business, or owning multiple properties.

Those who do make their will themselves often find it difficult to ensure their wishes are conveyed in the correct way and one wrong word could mean that your intended instructions are not followed. 

Involving a specialist in the process can ensure the will reflects your wishes and your estate is distributed in line with your requests. 

If you would like to discuss making a will, please contact one of our Wills, Trusts, and Probate specialists here.

Katie is based in our Chelmsford office. You can contact Katie for a free 15-minute chat over the phone on 01245 453837 or email Katie.Hayden@birkettlong.co.uk