A loved-one dies leaving two Wills – which one should be used to administer the estate?
Following the death of Aretha Franklin in 2018, her sons were faced with this very question after finding two Wills which she had prepared during her life.
1. The first Will dated 2010 was found locked away in a cabinet. It was formal in nature and had been notarised.
2. The second Will dated 2014 was found under the couch cushions in Aretha Franklin’s house. The Will lacked the same formality as the earlier Will, with Aretha Franklin having put a smiley face within her signature. It was also handwritten, with various scribbles making it difficult to read.
Aretha Franklin’s four sons appeared to accept that both Wills had been prepared by her. Two of the sons however disputed which Will should take precedence.
One of the son’s argued that Aretha Franklin’s estate ought to be distributed in line with the 2010 Will due its formal nature. According to the son, his mother had historically dealt with her affairs ‘legally and conventionally.’ Taking this into account he considered the more traditional Will ought to apply.
The other son sought to dispute his brother’s position by recalling memories of his mother conducting business on her couch. In his view, whilst the Will was not found in a conventional location, finding the 2014 Will in the couch was not something he considered to be unusual. He also noted the fact that the 2014 Will made reference to it being ‘Aretha’s Will’. In his view it did not matter where the Will was found but that it had been found and that it set out his mother’s most recent wishes.
In considering both positions, the jury ruled that the 2014 Will was valid and that Aretha Franklin’s estate ought to be administered in line with the more recent Will. The decision was made irrespective of where the Will was found and despite the fact that the 2014 was difficult to read at places.
The need to litigate?
After the loss of a loved-one the last thing any family member will want to do is engage in a legal dispute. The question is therefore– why litigate?
A Will is a reflection of a person’s wishes and what they want to happen to their estate when they die. Where there is a dispute after that person’s death as to what their wishes actually were (particularly where there are multiple Wills) the administration of the estate may (and most likely will) not be able to proceed. It may therefore be necessary to litigate so that a court can decide, following the hearing of evidence, what they consider the deceased’s true wishes to be. It may only be after this legal process, that the estate can be administered.
Additionally, where there are multiple Wills which differ in content, the implications on the administration of the estate, and the impact on beneficiaries can differ vastly depending on what Will is used. In this case, the 2010 and 2014 Wills differed in various aspects including, who was appointed as executor and also who ought to inherit one of Aretha Franklin’s properties which is currently estimated at $1.1 million. The dispute, and as a consequence the court's decision, therefore had significant implications for each of the sons, and what they were going to inherit from their mother’s estate.
Case comment
Whilst the above case was litigated in America (where different laws apply) – similar cases do arise in Scotland.
This case is important as it highlights the difficulties which can arise where multiple Wills are found following the death of a loved one.
It also demonstrates what a court will consider in coming to a decision. Indeed, here the court did not simply rubberstamp the more formal Will but took into account the content of both Wills, the circumstances surrounding the preparation of the Wills, and the evidence from those who knew the deceased in order to ascertain which Will should be used in the administration of the estate. These types of considerations would also be considered in the Scottish courts.
Whether you require assistance in administering an estate or if a dispute arises in connection with the same, our Private Client and Dispute Resolution and Litigation Teams would be happy to help.
Published 30.11.23
