Squabbling Over Wills

13 August, 2019 5 minutes reading time

Were Relatives of Amy Winehouse & Aretha Franklin Destined to Argue?

It’s crucial to keep your Will up-to-date and legally sound. Many assume this guarantees their wishes will be followed and avoids family disputes after they’re gone. However, estate disputes are surprisingly common, raising questions about who inherits what and what the deceased truly intended. While some may think lawyers exaggerate the need for professional Will-writing services, the process can be complex. Two recent high-profile cases involving family squabbles over the Wills of Amy Winehouse and Aretha Franklin demonstrate why everyone, not just celebrities, needs to keep their affairs in order.

Amy Winehouse – Dying Without A Will

Ms Winehouse may have been gone for just over eight years now, but the battle over her £3 million estate is still ongoing. Amy Winehouse didn’t leave a Will. She died intestate.

Under Intestacy Rules, her estate was passed on to her parents, Janie and Mitch, who also benefitted from the ongoing royalties she received from her songs. They set up the Amy Winehouse Foundation, which helps young musicians and other people suffering from addiction.

The matter seemed to be satisfactorily settled. Yet ex-husband Blake Fielder-Civil appears to be pursuing a claim for a £1 million lump sum and a monthly allowance to meet his lifestyle needs. Despite Fielder-Civil receiving a divorce pay-out of £250,000 in July 2009, he is entitled to make a claim against the estate under the Inheritance (Provision for Family and Dependents) Act 1975. He can press on with a claim, provided he has not remarried.

Allegedly, he’s stating that the settlement did not amount to a clean break from the marriage. A factor that allows him to bring this claim. The claim would not be permitted if the courts determine that the settlement amounts to a clean break. If there’s enough evidence that there wasn’t a clean break, it’s a fair assumption that his lawyers will try to convince the Court that he is entitled to bring a claim ‘out of time’.

Claims Out of Time

These claims can usually only be brought within six months of completing the Grant of Representation. According to probate records, Winehouse’s Grant of Representation was issued on 23rd March 2012.

Again, this all seems straightforward. However, over the past few years, there have been several conflicting rulings where courts have adopted different positions and rulings depending on individual cases. One claimant was granted permission 25 years out of time, while another was refused just two months out of time because, in this case, the claim was against the solicitors for professional negligence. As we mentioned in a recent article about claims out of time, there is no standard framework for these decisions.

It will undoubtedly be one to watch. Whatever the outcome, it’s clear had Ms Winehouse had a will and the Fielder-Civil’s £250,000 pay-out been made as a “full and final divorce settlement” amount (allegedly not the case) the claim would be questionable.

Aretha Franklin – Multiple (Handwritten) Wills

While Amy Winehouse didn’t leave any will at all; an entirely different issue seems to have grabbed the headlines when it comes to the estate of soul legend Aretha Franklin.

It transpires that three handwritten Wills pertaining to the singer’s $80 million estate have been found in her Detroit home. All three Wills contradict each other. The final Will, dated March 2014, was discovered under some cushions and appears to leave assets to family members. A handwriting expert is now working on the validity of the Will, and legal experts are looking into its legal standing. It is four pages long, with several words scribbled out and notes added in the margins.

The previous two Wills were discovered in a locked cabinet in 2010.

Only One Version Is Valid

Understandably, the situation is far from ideal. Multiple Wills can be a surprise to a family. Without a doubt, administering the estate of anyone who has kept multiple Wills (handwritten or not) is unlikely to result in their assets being distributed according to their wishes. The court will distribute assets using the most recent version of the Will.

That said, challenging the Will is much more likely to happen.

Aretha Franklin’s estate became the subject of a heated court hearing in August 2019. Her heirs used different versions of her Will to argue their cases. This led to the court controlling major estate decisions, including property sales. The hearing also revealed that $350,000 had already been given to her sons. She had also lost $178,000 to fraud before her death. While her recent documentary, Amazing Grace, earned the estate $1.1 million, the future of other valuable items from her career is still under discussion.

Our Advice

Family arguments over inheritances are common. Without a Will or with multiple conflicting Wills, your wishes are unlikely to be respected. Family members may fight, sometimes even over minor items, not just large estates.

Talk through what you want to do with a legal professional. Make the family aware of what you plan to do if possible. This is particularly important when it comes to families where there are previous marriages or children involved. If you or your family have concerns about a loved one’s estate or need help with future planning, please contact us to see how we can help.

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.

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