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The death of Aretha Franklin in 2018 left a void in the music world, but it also sparked a legal saga that highlighted the complexities of inheritance law and the importance of having a properly executed Will.
After her passing, two handwritten Wills were discovered, each with different provisions for the distribution of her estate.
This led to a contentious probate court battle between her four sons, each vying for their share of her multi-million-dollar fortune.
The legal dispute over Aretha Franklin's Will highlights the challenges of interpreting and enforcing handwritten Wills, regardless of the jurisdiction. In England and Wales, a handwritten Will is valid if it is signed by the testator (the person making the Will) and two witnesses, who must both be present when the testator signs the same.
However, a Will can be challenged if it fails to comply with the requirements of the Wills Act 1837 on the basis of the following grounds:
In the case of Aretha Franklin's Will, the authenticity of her handwriting was a major point of contention.
The 2010 Will, which left the bulk of her estate to her four sons, was found in a locked cabinet in her home.
The 2014 Will, which left a larger share of her estate to her youngest son, was found wedged under a couch cushion.
The sons who contested the 2014 Will argued that Aretha Franklin did not write it and that it had been forged.
After a lengthy legal battle, a Michigan jury in the US ruled in 2023 that the 2014 Will was valid. This means that Aretha Franklin's youngest son, Kecalf Franklin, received the largest share of her estate.
However, the dispute over her Will has also served as a cautionary tale about the importance of having a properly executed will.
A Will drafted by a law firm and properly executed is more likely to be upheld in court.
In England and Wales, there are a number of steps that you can take to ensure that your Will is valid and effective.
These include:
By taking these steps, you can help avoid the kind of disputes that can arise over an invalid or unclear Will.
A well-drafted will can provide peace of mind for you and your loved ones, ensuring your estate is distributed according to your wishes.
If you need help relating to a contentious probate matter, please contact Myerson Solicitors on: