A Real-Life Lesson on the Risks of Relying on a Holographic Will

The legal battle surrounding legendary singer Aretha Franklin's estate offers a cautionary tale about the risks of relying on a holographic will. More than six years after her death, a Michigan court ruled that a handwritten document found under her couch cushions constituted her valid will. A holographic will, like Franklin’s, is one that is entirely handwritten and signed without legal oversight or witnesses, often leading to complication.

The Case Overview

Initially, Franklin's family believed she had no will, which would have resulted in her estate being divided equally among her four sons under intestate succession laws. However, two handwritten wills were discovered months later in her home.

The first will, dated 2010, was found in a locked cabinet, notarized, and signed on each page. The second, dated 2014, was found in a spiral notebook under her couch cushions and signed only on the last page. The conflicting terms of the two documents sparked a legal dispute over the distribution of Franklin’s homes, cars, bank accounts, music royalties, and other assets. Ultimately, a jury upheld the 2014 handwritten document as her valid will.

The Risks of Holographic Wills

Michigan, like many states, allows holographic wills, which can be created without witnesses as long as they are signed, dated, and written by the testator. However, while quick and inexpensive, these wills often come with a high price. Without the guidance of an attorney or the formalities of a traditional will, holographic wills are prone to legal challenges and can provoke family disputes. They also tend to be incomplete and may contain ambiguous language that complicates the testator's intentions.

For New York State residents, New York State does not recognize holographic wills under typical circumstances. Holographic wills — those that are handwritten and not witnessed — are generally not valid in New York, except in very specific situations.  New York law only allows holographic wills if they are created by:

• Members of the Armed Forces during active military service, and even then, the will is only valid for one year after they leave the service.
• Mariners at sea, who are permitted to create a holographic will while at sea, though this is also limited in scope and duration.
• Foreign nationals from a country where holographic wills are valid, if the will was created under that jurisdiction's laws.

For most New York residents, a valid will must be executed in writing, signed by the testator, and witnessed by at least two individuals. Consulting an attorney to draft a will ensures that it meets New York’s legal requirements and helps avoid complications.

To ensure your assets are distributed according to your wishes and to avoid unnecessary complications, it’s advisable to consult an estate planning attorney to draft your will professionally. This approach provides greater clarity and legal protection for both you and your heirs.