What Can We Learn From Aretha Franklin?

When Aretha Franklin died in 2018, everyone assumed she had left no will. Then two different handwritten wills turned up in her home, one in a locked cabinet and one wedged in a couch cushion. They said different things, and it took a jury trial in 2023 to decide which one counted. The lesson: a homemade will can be worse than no plan at all.

What happened to Aretha Franklin's will?

Franklin died with an estate valued at roughly eighteen million dollars and was believed to have died without a will. A year later, two handwritten documents surfaced: one from 2010, found in a locked cabinet, and one from 2014, found in a spiral notebook wedged between couch cushions. They favored different sons and conflicted with each other. In July 2023, a Michigan jury ruled that the 2014 couch will was valid, resolving the central dispute over which document was effective.

Why are handwritten wills so risky?

Homemade wills invite exactly this kind of fight. They are often ambiguous, may lack the formalities that prove they are genuine, and are easy to challenge. In Franklin's case, even the signature was in question: the 2014 document had a smiley face drawn before her name, which a court had to interpret. Years of litigation and legal fees came out of the estate her family was meant to inherit.

Would a handwritten will even be valid in Florida?

Here is the important Florida twist: no. Florida does not recognize holographic wills, meaning handwritten wills that are not properly witnessed. To be valid in Florida, a will must be signed by the testator in the presence of two signing witnesses. Furthermore, it is recommended that the testator execute a self-proving affidavit to accompany the will (otherwise, oaths and affidavits must later be obtained from the witnesses). Based on the reported absence of two attesting witnesses, Aretha Franklin's 2014 "couch cushion will" would not satisfy Florida law.

How do you make sure your will holds up?

• Have it properly signed in front of two witnesses.
• Make it "self-proving" with a notarized affidavit, so the court can accept it without tracking down witnesses later.
• Use clear language that leaves no room for competing interpretations.
• Keep the original document in a safe place, and tell someone you trust where it is.
• Have it prepared or reviewed by an attorney.

Frequently asked questions

Are handwritten wills valid in Florida? No. Florida does not recognize holographic (handwritten, unwitnessed) wills. A valid Florida will must be signed by you and two witnesses.

What makes a will valid in Florida? It must be in writing, signed by you, and signed by two witnesses who are present together. A notarized self-proving affidavit makes it easier to admit the will to probate.

Are wills validly executed in another state recognized in Florida? Generally, yes. Florida ordinarily recognizes a nonresident's will if it was valid under the law of the state or country where it was executed. Florida makes an important exception, however, for holographic and nuncupative wills. A foreign handwritten will that qualifies as a holographic will because it lacks attesting witnesses generally cannot be admitted in Florida even though another state would recognize it.

At Clarke Law, P.A., I carefully draft wills and trusts to conform to the law and your unique wishes. Your first consultation is free.