Aretha Franklin Feud Provides Will Warning

• Published date: 27 July 2023
• Subject Matter: Litigation, Mediation & Arbitration, Family and Matrimonial, Arbitration & Dispute Resolution, Wills/ Intestacy/ Estate Planning
• Law Firm: Higgs LLP
• Author: Georgia Stott

A bitter family feud over the estate of 'Queen of Soul' Aretha Franklin is a stark reminder of the importance of ensuring a will is valid and clear, writes Georgia Stott, Senior Associate in the Higgs Dispute Resolution and Litigation team.

The singer's handwritten will was found in her couch after her death, a discovery which led to a dispute that turned three of her four sons against each other.

After a five-year legal squabble, a jury in Michigan recently ruled that the handwritten will dated 2014 was valid and should override a 2010 will that was discovered around the same time in a locked cabinet at Franklin's home in suburban Detroit.

This case was in the USA and the country's inheritance laws are significantly different to what we work to in England. In this country we don't, for example, operate with a jury in cases like these. It would be down to a judge to make a decision if the parties can't reach an agreement.

The case nevertheless provided a good example of what can happen when there is ambiguity around wills - and the pain it can cause families.

It is not unusual for people to die without having made a will, but most people don't die with an estate worth several million dollars or pounds. Whilst the value of someone's estate doesn't necessarily dictate the likelihood of a legal challenge, it is a very relevant factor.

Firstly, making a homemade will is perfectly legal and the fact that a will is not prepared by a qualified professional does not necessarily mean it will not be valid, but people need to be aware there is more of a risk.

There are strict requirements in England that must be complied with for a will to be valid. For example, it has to be signed by the will-maker in the presence of two witnesses, who must also sign in each other's presence and the presence of the will-maker.

When wills are made at home, there is a real possibility these requirements will not be followed. Even if the deceased intended to make a will, this can invalidate it.

Even if it appears valid on the face of it, the fact that it has been made in private and without the benefit of legal advice can lead to questions, such as:

• Did the deceased definitely write it?
• Did they definitely understand the consequences of it?
• ...