Updated 10/01/24
The cautionary tale of the costly and protracted court battle over soul legend Aretha Franklin’s Will serves as a powerful reminder for those seeking to ensure their posthumous wishes are fulfilled.
Franklin, often dubbed ‘the queen of soul’, passed away from pancreatic cancer, aged 76, in August 2018 apparently without leaving a formal Will or instructions for the distribution of her $4.1 million (£3 million) estate.
For context, a good, emotional watch and a reminder of what a voice she had the BBC ran the film biography, Respect, between Christmas and the New Year. We’re not saying it provides a completely accurate retelling of her family history but the players in this dispute feature and you can see why without a definitive Will her family were always likely to end up in court arguing over her assets.
It’s understood that from 2016 until 2018, Franklin had been working with a lawyer to formalise her wishes and prepare the necessary legal documentation but sadly, nothing had been completed at the time of her death.
However, following an extensive search of her property in 2019, two handwritten documents, covered in scribbles and hard-to-decipher passages emerged, which various family members believed offered some indications as to the singer’s intentions for the future of her estate post-death.
The documents, however, were contradictory, and this set the scene for an acrimonious five-year legal battle between Franklin’s sons, who failed to agree on which document was the true representation of her intent.
The case
During a search of Franklin’s personal records, her niece, Sabrina Owens, found one document dated 2010 in a locked vault in Franklin’s Detroit home. She also found a spiral-bound notepad from 2014 hidden amongst cushions on the couch which featured a section of handwritten thoughts under the words ‘This is my Will.’
Although the distribution of income from music and copyrights among Franklin’s sons was consistent in both documents, there were notable distinctions between the 2010 and 2014 versions. For example, in the earlier document, Franklin’s third-born child, Ted White II, was initially named executor, but this was later changed to her youngest son, Kecalf, in the 2014 Will.
Furthermore, according to the 2014 Will, Kecalf and the grandchildren would inherit Franklin’s main residence in Bloomfield Hills, which was valued at $1.1 million at the time of her death but has significantly appreciated in value since then.
However, the older Will had stipulated that both Kecalf, 53, and second-born Edward Franklin, 64, had to complete business courses and obtain a certificate or degree in order to receive any benefits from the estate. This provision, however, was absent in the 2014 version.
Ted argued that because the earlier Will was securely stored under lock and key, it was clearly to be held with much more importance and relevance than some papers found in a couch. Edward’s legal team responded that White simply; “wants to disinherit his two brothers. Teddy wants it all!”
During the closing arguments, it was emphasised that the discovery of the 2014 papers in a couch did not diminish their significance. To illustrate this point, the analogy was made: “Leaving your Will on the kitchen counter doesn’t change the fact that it is still your Will.”
Seemingly, the jury agreed, and in July 2023, after deliberating for only half an hour, found that the 2014 version, which was signed by Franklin (who had doodled a smiley face within the letter ‘A’), was indeed a valid document.
A further ruling in November 2023 duly saw Kecalf and his children take ownership of the “crown jewel” gated property as stipulated by the 2014 Will, with Ted White II receiving a separate Detroit mansion under the terms of that document.
However, as the Franklin estate sold the second home for $300,000 (£236,500) before the conflicting Wills were found, the dispute over the estate is far from over, and it is now anticipated that Ted will further pursue the proceeds of that sale.
Valuable lessons
The conflict between the brothers may have been avoided had Franklin managed to have a formal Will drafted by an experienced lawyer, specifying in no uncertain terms what should happen to her money, property and other possessions.
Although creating a Will is not a requirement by law, lawyers strongly advise doing so for the majority of clients to ensure that their wishes are followed and to try to prevent family disputes. Drafting your own Will is equally ill-advised because it can often be left open to interpretation and can be easily challenged if not executed properly. The general rule of thumb is that if you have enough money to leave to somebody, you have enough money to hire a professional to draft a Will on your behalf.
If you choose not to create a Will during your lifetime, for whatever reason, or if your homemade Will is deemed invalid, your estate would be distributed in accordance with the Rule of Intestacy. This may or may not accurately represent your wishes.
Laws governing intestacy will distribute to spouses/civil partners and/or blood relations only. Several variables, including as whether you’re married or in a civil partnership or how many children you have, will affect how the inheritance is distributed. In England and Wales, the law gives an order of priority, starting with spouses/civil partners and children before moving on to parents, siblings, cousins, aunts or uncles, etc. The entire estate will go to the crown if there are no living relatives.
If you have loved ones who aren’t blood relatives, this can cause major problems. An excellent illustration would be a partner to whom you aren’t married. No matter how long you’ve been together, your unmarried partner wouldn’t inherit under the intestacy laws so wouldn’t be entitled to anything from your estate. Similarly, any stepchildren or acquaintances would not be entitled to any of your assets under the law.
Take the case of Prince, for example. The singer passed away without a Will in 2016. As a result, his estate had to be divided equally among his six siblings, causing ongoing conflicts among them. Additionally, the court had to appoint an executor, leading to lawyers and a trust firm collecting millions of dollars that could have gone to the rightful heirs.
After seven years of squabbling, the legal proceedings for Prince’s estate are only just coming to an end. Last year, it was finally agreed by all parties that the estate was worth $156.4 million. All assets have been distributed, except for approximately $1.4 million in tax refunds that are still pending.
Whilst you cannot rule out the possibility that someone may seek to contest your Will post-death, it’s crucial to create one regardless to protect, as far as possible, those you love.
Ensuring that you enlist the support of a Will writing professional will most likely provide some assurances regarding its eventual execution.
At Buckles, we have the expertise to guide you through the process, ensuring that your Will stands up against scrutiny, and that all your loved ones are well looked after in the future in the manner you had hoped. Please don’t hesitate to get in touch to discuss the options available to you that best reflect your personal circumstances.
