Should DIY wills get Respect?​​​​​​​ - Kevin Winters

July 2023 saw the end of a debate which endured for over four years: succession to the estate of the late, great, Aretha Franklin. A Michigan court has ruled that one of two handwritten notes represented Franklin's last will and testament and will now govern the distribution of her estate.
By Kevin Winters
Published 31st Jul 2023, 07:00 BST

Many believed Franklin never made a will prior to her death in 2018. However, the discovery of two handwritten notes – one dated 2010 inside a locked desk drawer, and another dated 2014 underneath sofa cushions – led to a court being asked which was determinate of her final wishes. Apparently neither document was witnessed or prepared by a lawyer, but both were signed, and the former was notarised.

Both wills were reported to share similarities but did have some noteworthy differences. The Michigan court was to determine which one met the legal requirements for 'handwritten' wills under state law, ruling in favour of the 2014 version. While the outcome does settle the question of succession to Franklin's estate, it does make one wonder how a comparable situation would have played out under Scottish rules.

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