When Aretha Franklin, renowned as the Queen of Soul, passed away in 2018, it was widely reported that she had not left behind a will, despite her estimated $80 million wealth. However, it was later discovered that she had indeed made estate plans. In May 2019, two handwritten wills were found in her home—one from 2010, located in a locked cabinet, and another from 2014, discovered in a notebook amidst her couch cushions.

These wills became the subject of a legal dispute involving Franklin's children. Edward and Kecalf, her sons, argued that the 2014 will should prevail, while another son, White, claimed that the 2010 document was intended to be Franklin's true will. Clarence, another son with special needs represented by a legal guardian, did not participate in the lawsuit. The 2010 will distributed the estate more or less equally among Franklin's sons. However, the 2014 will outlined that three of her sons (excluding Clarence) would benefit from the estate, including sharing income generated from her music. Additionally, Kecalf would inherit his mother's Michigan home valued at over $1.1 million, as well as her cars.

The legal proceedings surrounding the wills took several years before finally being heard in a Michigan courtroom. The trial itself lasted only two days, culminating in a jury ruling that the 2014 document should be recognized as Franklin's will.

The wills in question were handwritten, also known as holographic wills. The authenticity of Franklin's writing was not disputed by any party. Instead, the disagreement centered on whether the 2014 will met the requirements to be considered a valid will under Michigan law. It's important to note that not all states recognize handwritten wills, and even in states that do, there may be certain limitations on their validity.

The discovery of this handwritten will years after the death of the superstar and the ensuing legal battles, highlights several important legal lessons:

Formality of Wills: The incident underscores the importance of following proper legal procedures when creating a will. Many jurisdictions have specific requirements, such as witnesses or notarization, to ensure the validity of a will. Failing to meet these formalities can lead to challenges and disputes.
Execution and Storage: Proper execution and safe storage of a will are crucial to its enforceability. It is recommended to have an attorney assist in the drafting and execution of the will to ensure compliance with legal requirements. Additionally, keeping the will in a secure and accessible location can prevent issues arising from its discovery or loss.
Evidence and Burden of Proof: In cases where a handwritten will is discovered long after the person's death, the burden of proof often falls on those seeking to establish the validity of the document. They must provide sufficient evidence to demonstrate that the will is genuine and meets the legal requirements.
Presumption of Revocation: Depending on the jurisdiction, the law may presume that a will has been revoked if a subsequent will is found. The burden of proof may then shift to those asserting the validity of the earlier will. This emphasizes the need to regularly review and update one's estate planning documents.
Estate Planning with Professionals: Engaging an attorney experienced in estate planning can help avoid potential pitfalls. Legal professionals can assist in drafting a clear and comprehensive will that meets all legal requirements, reducing the likelihood of disputes and legal battles.
Regular Updates: It is essential to review and update a will periodically, especially in the case of significant life events such as marriage, divorce, births, or deaths within the family. Regular updates can help ensure that the will reflects the testator's current wishes and reduces the chances of a later challenge based on outdated provisions.
Remember, the specific legal lessons drawn from this situation may vary depending on the jurisdiction and the unique circumstances of each case. It is always advisable to consult with a qualified attorney to understand the legal implications in your specific jurisdiction.