When the Queen of Soul passed away in 2018, she left more than just a legacy of timeless music – she also left behind a legal mess.
Despite having no formal Will at the time of her death, two handwritten documents were later discovered in her home, each expressing different wishes. One from 2010 was found in a locked cabinet, the other from 2014 in a notebook wedged beneath a sofa cushion.
This sparked a bitter dispute between her sons over which one should take precedence. After five years of wrangling and an expensive court battle, a jury ruled in 2023 that the 2014 sofa-kept document was her valid Will. But this decision came only after considerable cost, delay, and distress for her family.
Yes, it is legally possible to write your own Will, but just because you can doesn’t mean that you should. Aretha Franklin’s case is a stark reminder of the chaos that can follow when Wills are handwritten, kept hidden, or drafted without professional advice. Here, we explore the risks involved and how to avoid them.
The Risk of Homemade Wills
It is legally possible to write your own Will (or use a pack from our favourite high street stationery shop). While this may seem convenient or cost-effective, it often results in far more expense and difficulty down the line.
A homemade Will may be:
- Invalid, if it hasn’t been properly signed or witnessed
- Unclear, leaving family members uncertain about what you meant
- Incomplete, failing to deal with all of your assets or key situations
- Disputed, leading to expensive and distressing court proceedings
Homemade Wills often lead to disputes, delays, and added costs. In the worst cases, they may be deemed invalid, meaning your Estate is dealt with under the laws of intestacy rather than your own wishes.
Even where a handwritten or DIY Will is found to be legally valid, family members may still end up in court arguing about its intention or authenticity, as happened to Aretha Franklin’s Estate. That process can be emotionally and financially draining and may ultimately result in distribution outcomes you would not have wanted or bitter family feuds.
Why Professional Advice Matters
Perhaps the most overlooked risk of a homemade Will is what it leaves out. A properly drafted Will is not just about dividing your belongings, it’s about protecting your Estate and minimising tax liabilities. A professionally drafted Will takes into account opportunities to minimise Inheritance Tax (IHT), such as using allowances or trusts, and you will receive advice about what steps can be taken in your lifetime to mitigate your IHT. Homemade Wills rarely take these considerations into account. This can mean that your Estate ends up paying far more to HMRC than necessary, leaving less behind for your loved ones.
There is also the risk that your homemade Will does not reflect your full intentions. Legal language and formalities matter, and many DIY Wills fail to capture what the person really meant. Simple errors, omissions, or misused terms can cause confusion and lead to costly disputes.
When you consult a solicitor, you benefit from:
- Latest legal knowledge: We stay up to date with changes to legislation and tax rules
- Inheritance Tax planning: Ensuring allowances and reliefs are fully utilised in your lifetime and upon your death
- Tailored advice: Considering Trusts, blended families, business interests, or vulnerable beneficiaries
- Clear, binding wording: Avoiding ambiguity and uncertainty
- Peace of mind: Knowing your Will complies with legal formalities
The Danger of Hidden Wills
Another issue that arose in Aretha’s Estate was confusion about which Will was her final one. This was made worse by the fact that both were hidden in her home, with no lawyer instructed, no Executor notified, and no certainty about her last wishes.
If your family doesn’t know where your Will is, or whether a later version exists, it can lead to delays, disputes, and sometimes even the wrong version being relied upon. There is also the risk that your most recent Will is never found at all.
To avoid this, your Will should be professionally stored, and those closest to you should know where it is and how to access it. We offer to store your Will free of charge after drafting, so you can be confident it will be safe and accessible when needed.
Avoid the Turmoil – Plan Properly
If you want peace of mind that your wishes will be respected – and to spare your family stress, uncertainty, and potential legal battles – the best step you can take is to make a professionally drafted Will.
Our Private Client team is here to help. We will make sure your Will is legally sound, tailored to your circumstances, and structured to protect your Estate and your loved ones. Contact us today to take the first step.
