“D-I-S-P-U-T-E – find out what my Will means to me”
Analysing the Aretha Franklin Will dispute
The trial in relation to the Will of Aretha Franklin began on Monday 10th July to decide which of two of Aretha’s Wills are valid. If you have been keeping up with the case, you will know that FOUR potentially valid Wills were actually found!
12/07 - The court gave judgment over the two contested wills concerning the estimated estate value of £4.6m, one version from 2010 was found inside a locked desk drawer, along with record contracts and other legal documents. The other was a roughly handwritten version in a spiral notebook found under cushions on her couch dated from 2014. The two-day trial found in favour of the latter handwritten Will from 2014, even though it was not formally drawn-up and had not been witnessed. (Read the story here on BBC and the see Will in question).
So what would be the situation if this took place in England?
Handwritten Wills
Contrary to popular belief, and the law in some US states, there is nothing to stop you from writing a Will by hand. Professionals often try to avoid this because of the simple reason that not all lawyers have clear handwriting!
There is also nothing to dictate that Wills must be written on paper. Many lawyers enjoy quoting the unusual case where someone wrote their Will on the inside of an eggshell! There have also been cases of people writing their Wills on napkins, and those Wills being accepted as valid documents.
Multiple Wills
Any well drafted Will should revoke the previous Wills that a person has prepared. This makes things easier as there is only one valid Will at the date of death.
If there are 2 or more valid Wills when a person dies then there is a presumption that the later Will has revoked the older one in some cases. However if there are “gaps” in the later Will, for example if there are assets that are not disposed of in the newer Will, then the older Will can “fill in” the gaps. This could easily lead to people inheriting assets against the wishes of the deceased, just because they forgot to include something.
Gifts with a condition attached?
One of Aretha’s Wills states that 2 of her children should only inherit if they "take business classes and get a certificate or a degree" (Source: Aretha Franklin sons fight over will found under sofa - BBC News). This is something that English Wills also permit, although if you want to include any conditions then you should consult a solicitor to ensure that the gift is both practical and legal, as well as reflecting your intentions.
Independent Executor
Aretha’s personal representative, Nicholas Papasifakis, is staying neutral in the argument between her sons. An independent Executor can take the heat out of an otherwise stressful experience for the family, and stops arguments about the estate from ruining family relationships. Even if you have been appointed as an Executor and you are worried about the role, you could still choose to instruct an independent solicitor to act on your behalf in administering the estate – whilst you will still have overall responsibility, the solicitor is there to guide and advise you, and often they can also communicate with relatives on your behalf.
How do I avoid these kind of problems in my own Will?
By instructing a qualified and insured professional to prepare your Wills, you can avoid running into these sorts of problems. It is particularly important to consult an experienced professional if you think there might be arguments when you pass away.
Sophie Forsyth, Associate Solicitor (TEP)
Lawson-West Solicitors, Leicester
At Lawson-West our solicitors have decades of experience in preparing Wills for people in many different circumstances. Two of our solicitors also have a specialist Will Preparation qualification. If you want to talk to us about the best Will for you, you can Contact Us.
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