The recent US court battle between the sons of the “Queen of Soul”, Aretha Franklin, highlights why a will is such a crucial document and the importance of it being drawn up accurately, compliant with legal requirements for validity, and with clear and precise language as to what is intended to happen with the person’s assets.

When the legendary soul singer died in 2018 it was believed that she had died without a will (intestate). This would have meant that default legal rules determine which of her relatives benefited from her estate.

However, two documents were later discovered, both purporting to be wills by Aretha Franklin – one dated 2010 and found in a locked cabinet, and one dated 2014, written in a spiral notebook and found stuffed under cushions on her sofa.

These documents were handwritten by the singer and were signed and dated but were difficult to decipher and contained deletions/additions and notes in the margins.

The terms of the two documents differed as to her appointed executors, and the earlier document contained certain conditions some of her children were required to meet in order for them to benefit from her estate.

Aretha Franklin was reportedly extremely private with her own personal affairs and finances, and despite having suffered ill health for some time had chosen not to put in a place a formally drafted will prepared by a lawyer.

The result of this decision, and the discovery of the two informally written wills, has been a five-year dispute between her sons, who disagree as to which of the documents is to be considered her active and legally binding will.

The most significant issue with a homemade will is that the person writing it knows exactly what they mean, and what they intend to happen. However, at the point at which the will is active and being interpreted, they are no longer around to explain what they meant – leaving even the slightest hint of uncertainty or ambiguity open to dispute amongst beneficiaries.

Professionally drafted wills contain very specific legal language and terminology designed to avoid the pitfalls of uncertainty and ambiguity. A solicitor can advise you on what is or is not achievable through your will – and make alternative suggestions to achieve your objectives where necessary.

In addition, a professionally prepared will is drafted and signed in a way that is compliant with the legal requirements for a will to be valid (which differ from country to country). Failure to meet these requirements is another easy pitfall for a homemade will, and in many countries would result in the will simply being invalid and ineffective.

The outcome of the Aretha Franklin case has been reached this week, with a jury concluding that the later 2014 will stands and supersedes the earlier will. This decision would be unlikely to have been reached under the legal systems of many other countries and states.

If you are thinking of making or updating your will, professional advice is highly recommended. Our experienced and knowledgeable team would be delighted to help.

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