Lawyer Monthly Magazine - July 2019 Edition

How Should You R.E.S.P.E.C.T A Late Discovered Will? It’s been ten months since her death, but legendary soul singer Aretha Franklin made the world ‘think’ once again last week as an intriguing development regarding her estate hit the headlines. News came to light that three handwrittenwills had been found at her Detroit home, contesting the current understanding that Franklin had died intestate. One will, dated 2014, was found in a spiral notebook under cushions in the living room, whilst the other two (dated 2010) were discovered in a locked cabinet after a key turned up. According to Franklin’s lawyer, the most recent will, found under cushions, appears to leave her assets to her family and all three wills were filed last Monday to determine whether they were legal under Michigan law. However, two of Franklin’s sons contest these discovered wills and a hearing to determine their validity is scheduled for the 12th June. This unique and compelling case throws up a number of key questions when it comes to wills, probate and inheritance. Whilst disposing of an $80 million estate isn’t a commonly shared experience - and those who do have such assets would be incredibly unwise to neglect drawing up a will - it does highlight important points regarding the legality of last wishes which every will- maker should remember. And with long-awaited probate changes coming into force at the end of last year, which saw the government remove several requirements around the probate process, it’s important for everyone to be aware of what constitutes a valid will in UK law. Do handwritten Wills count for anything? The first unusual point about the Franklin discovery is that the wills are handwritten, with reports suggesting they are barely decipherable, with words crossed out and additions in the margins. However, being handwritten does not make a will invalid as long as it meets the main requirements for a legal will; handwritten wills are simply known as ‘holographic’. The reason holographic wills aren’t encouraged is that they can be littered with errors if drafted without legal assistance, meaning the will-maker’s intentions aren’t accurately carried out after their death. The main requirements which a will needs to meet - holographic or otherwise - to be valid are: · The person making the will must be over the age of 18 · The will must be in writing and either the testator (will-maker) must sign it, or another person must sign it in their presence and at their direction · By signing the will, the testator must be fully aware of the nature of the document they are signing and be of sound mind · The signature on the will must be made or acknowledged in the presence of at least two witnesses, who are present together at the same time · Each witness must sign the will/ acknowledge their signature in the presence of the testator - but not necessarily in the presence of any other witness There is actually no statutory requirement for the date of execution of the will to appear on the document, but it should be included to avoid uncertainty. A recent UK case illustrating the complexity of interpreting a holographic will is Vucicevic and Bond v Aleksic & Ors [2017]. This case regarded the estate of Veljko Aleksic, a man from Montenegro who had become a British citizen and died in London in 2014. Aleksic had left a holographic will from 2012, but this will did not have an attestation clause (clause stating that it had been 20 Special Feature JUL 2019 www. lawyer-monthly .com