This week’s news on Aretha Franklin’s unfortunate family Will dispute raises the question on whether handwritten/DIY Wills are ever a good idea.

The Legal Battle

The American singer songwriter Aretha Franklin sadly passed away in 2018. Originally, Franklin was not thought to have left a will and her estate was due to be split equally between her four sons. However, two documents were later found in her home: one made in June 2010 and another dated March 2014. The validity of the discovered documents as Wills, is now in question. If the 2014 will, found under sofa cushions, is held to be valid, this would amend the split of Franklin’s estate, valued at approximately $6m, between her loved ones. It is an important dispute to be resolved in the court in Michigan before any distribution of the estate can occur.

Unfortunately, in fighting the battle between which document is most likely to be a valid Will, the family have spent an eye-watering total of £700,000 in legal fees. In the time taken to dispute the issue, the estate itself is also thought to have significantly diminished in value, with debts also building up.

Why Does it Matter to You?

A Will is a legal document that helps you to set out your wishes to be actioned on your death. This may include the people you wish to benefit from your estate, your funeral wishes and even the people you wish to care for your pets. It can also help to prevent issues, arguments and potentially expensive legal bills that may arise on your death. Although having a Will in place does not guarantee that disputes won’t arise after your death, if it has been kept up to date and drafted in unambiguous, clear terms and demonstrates your wishes accurately then it certainly reduces the possibility of litigation.

It is critical to get the appropriate legal advice when considering making a Will. Solicitors don’t just ensure that your Will sets out your wishes, they do much more than this:

• They can ask you questions about your family and assets to help you consider issues that may not have occurred to you
• They can help with tax planning and advising about care home fees
• They can come up with creative solutions to many problems that families face

If you have drawn up your own handwritten Will, this can cause issues when you die – for example, if it is not signed and witnessed correctly or if the wording allows for misinterpretation. These complications burden your loved ones during an already challenging period, both emotionally and financially. It is crucial, where you may have made a previous Will, that it is absolutely clear which Will is the most recent and contains your final wishes. It is also important to let your loved ones know about the existence and location of your Will.

For a further in-depth analysis of the disadvantages of DIY Wills please see the article “The Pitfalls and Traps of DIY Wills: Will They Cost You in the Future?”.

Our friendly Wills & Probate solicitors are available to offer professional legal advice and to assist you in detailing your wishes in a Will that your loved ones can follow. Please do not hesitate to contact us on our free phone 0800 8 60 62 65 for further information or to arrange an appointment.

Sophie Alridge – Trainee Solicitor