Planning for your Will

When legendary singer Aretha Franklin passed away in 2018, she left behind a rich musical legacy and an estate worth millions of dollars. One significant aspect of her departure was the unveiling of her last will and testament, offering insight into how she planned to preserve her assets and distribute her wealth. In this article, we take a brief look at Aretha Franklin’s last will and highlight some key details that shed light on her intentions for her estate.

Aretha Franklin left behind an estate that is allegedly worth $6 million dollars. She also left behind a mess for the court system to figure out. The mess  is still brewing in court, because there is more than one Last Will and Testament written by Franklin, and both documents could be perceived as valid. There is a Will written in 2014 (but found stuffed underneath couch cushions in 2018), and another hand-written Will dating back to 2010. The document crammed under the seat of a couch is a great reminder to ensure that your Executor knows where to find your latest, updated Last Will and Testament. 

Two of Franklin’s sons, Kecalf and Edward, believe in the validity of the 2018 Will, while their other brother, Ted White 2, believes in the legality of the 2010 Will. It is worth mentioning that the 2010 Will appoints White’s niece as the executor of Franklin’s estate, while the updated Will appoints Kecalf and Edward as executors of her estate. Judge Jennifer Callaghan (who is presiding over this case) wants a jury to determine the validity of the 2014 Last Will and Testament. 

This is no easy feat, however, given the scribbles, crossed-out-words, and the messy way the 2014 was drawn up. You can read more about the ongoing case, here.

A Last Will and Testament is a legal document that outlines a person’s final wishes regarding the distribution of their assets and the care of their dependents after their passing. While the contents of a will hold immense importance, the legibility of the document itself is often overlooked. Illegible Wills can present significant challenges, jeopardizing the validity of the document and leading to legal disputes among beneficiaries. 

Legibility plays a critical role in ensuring that the intentions of the testator (the person creating the Will) are accurately conveyed. An illegible Will can create confusion and ambiguity, making it difficult for executors, beneficiaries, and the court to interpret the document’s provisions. When a will is unclear, the court may be forced to rely on other evidence or witnesses, potentially leading to lengthy legal battles and disputes among family members.

Challenges Posed by Illegible Last Wills

1. Ambiguity: Illegible Last Will often contain words or phrases that are hard to decipher, leading to ambiguity. This ambiguity can result in differing interpretations among beneficiaries, potentially causing familial discord and legal battles.

2. Invalidity: A will that is illegible may raise concerns about the testator’s mental capacity or their understanding of the document’s contents. If a court determines that the testator did not fully comprehend or approve the terms of the will, it may be declared invalid.

3. Disputed Authenticity: An illegible Will can lead to challenges regarding its authenticity. Beneficiaries or interested parties may question whether the document was indeed created by the testator, casting doubt on its legitimacy.

4. Emotional Distress: The distribution of assets after someone’s passing is an emotionally charged process. Illegible last wills only exacerbate the stress and grief experienced by loved ones, as they struggle to understand the testator’s true intentions.

One Aussie couple found out about this the hard way, when their inheritance from their deceased friend’s Last Will and Testament, Howard Edwin Thomas, was denied to them on this basis. Thomas had drawn up an illegible Last Will and Testament. Thomas, a deceased former banker from Australia, passed away in July of 2011. His friends, Richard and Deborah Nightingale, were co-executors of his estate. Thomas’s three-page Last Will and Testament was found in 2011, and was practically lost in a “pile of paper” on his kitchen table. For whatever reason, the beneficiaries of his estate were “blacked out,” in the Last Will and Testament. 

“The (black) markings,” claimed the presiding Judge over Thomas’s case, “effectively obliterate the names of the executors and beneficiaries, on its face stripping the Will of its essential elements.” The judge concluded that Thomas had intended to revoke his Will and therefore, rendered Thomas’ death as intestate (dying without a Last Will). 

It’s unclear as to what will happen to Thomas’ estate or if the duo intend to appeal this decision. Take this lesson to heart: make certain that your Last Will is clear and concise as possible. FormalWill can help you by generating your printed Last Will and Testament. Click here to find out how. 

GenZ and Millennials have struggled in their financial and professional lives. This affects how well (or how diligently) they plan for their estate. Estate planning is a critical aspect of financial responsibility, ensuring that an individual’s assets and wishes are protected and distributed according to their desires after they pass away. However, despite the importance of having a last will, many Millennials and Generation Z individuals are noticeably hesitant to engage in estate planning. In this article, we explore some key reasons why younger generations may delay or overlook the creation of their last wills, shedding light on the underlying factors that contribute to this trend.

One significant reason why Millennials and GenZ individuals may delay estate planning is a perceived lack of urgency. Younger generations often feel they have ample time before needing to address matters of inheritance or asset distribution. Focused on building their careers, establishing financial stability, or starting families, they may underestimate the importance of estate planning and assume it can be addressed at a later stage in life. However, unexpected circumstances can arise, emphasizing the need for early planning to protect their assets and loved ones.

Many Millennials and GenZ individuals are still in the early stages of their careers, accumulating assets and building their wealth. With limited financial resources, they may perceive estate planning as unnecessary or assume that their assets are not significant enough to warrant a last will. However, even modest possessions, sentimental items, and digital assets can hold personal and emotional value. Creating a last will ensures that these assets are protected and distributed according to their wishes.

Estate planning can be a complex and intimidating subject, particularly for those who have had limited exposure to it. The lack of education and awareness surrounding the importance and process of estate planning can contribute to younger generations’ reluctance to engage in this task. Understanding the benefits, legal implications, and available options for estate planning can help demystify the process and encourage millennials and GenZ individuals to take the necessary steps to create their last wills.