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Challenging A Will: 3 Key Questions Answered

Posted on by Jonny

Losing a family member leads to a very distressing time. Particularly if you then find out that you have been left out of their will. Challenging a will, hence, takes that level of distress even higher.

Therefore, this may mean that you will need to contest their last will and testament. Here are some of the main queries you may have when it comes to challenging a will.

Who Can Challenge a Will?

  • Blood relatives. These are the people most likely to contest a will.
  • A spouse. This is true regardless of whether they are still in marriage to or split from the testator. If the marriage to the testator remains intact, they have the right to challenge the will.
  • A creditor. This is if the testator’s estate owes a creditor money.
  • A beneficiary. This can be someone in an earlier will.
  • An individual who relies on the testator. This can be through financial support or accommodation.
  • An individual who receives a promise to an item. This could be a verbal or written agreement between the testator and the individual. Then, a challenge can be made if the agreement wasn’t set in the will.

Why Might Someone Be Challenging a Will?

There are a variety of reasons, both legal and personal, why someone is challenging a will.

For example, a person might contest a will if they feel that they receive unfair treatment. Therefore, they would be challenging the will as a matter of principle. As part of this, they may also feel that they know the testator’s intentions. More importantly, they feel as though the will doesn’t speak adequately enough to those intentions.

In order to prove this, the person would need to show that they had a close relationship with the testator. Again, this can be shown in a variety of ways. For example. the two are in a marriage, or a long-term relationship and cohabitation.

The legal grounds for contesting a will, meanwhile, are as follows:

  • The will is invalid. For example, incorrectly made or doesn’t have signatures in the presence of two independent co-signing witnesses.
  • The writer of the will isn’t mentally fit enough to be signing a legal document.
  • The document or signature was forged. However, this can be very hard to prove.
  • The writer of the will faces pressure/coercion into creating the will or changing an existing will.
  • The will doesn’t adequately provide for those who were financially dependent upon the testator.

What Exactly Happens When You’re Challenging a Will?

In the first instance, check that the person contesting the will has the right to do so. If so, proceedings will begin for negotiation and mediation. The solicitor will seek an agreement which benefits all parties involved, in the quickest time possible and with minimal financial expenditure.

However, the best intentions of any legal parties and individuals might fall short. In fact, it may be impossible to come to an agreement during the mediation stage.

If this is the case, the issue will then be taken a step further to court, and you will adhere to a court hearing. This could include a wait of at least 12 months before an official court date, therefore this avenue is particularly time-consuming and expensive.

An affidavit will need to prepare in advance of the hearing. Moreover, a court will hear the argument and come to a resolution.

How we can help

If you are considering contesting a will, it is important to seek legal advice as soon as possible. At The Inheritance Experts, we help people who want to contest a will or trust get what is rightfully theirs.

When you call us, one of our advisors will chat through the particular circumstances of your potential claim and advise whether you may have grounds for a claim. This is done on a free, no-obligation basis.

If you proceed with your claim, we’ll match you with the firm who best suits the circumstances. Your solicitor will then collect any evidence and will begin negotiating with the other side.

If you are thinking of challenging a will and would like to know if you have grounds for a valid claim, don’t hesitate. Contact The Inheritance Experts by filling in the contact form on our website or by calling 0161 413 8763.

Why you should draw up a will

Posted on by Jonny

Ah, Wills: it may seem like something you don’t need to do for a long time. Yet there are multiple reasons why you should consider drawing up a will now.

For example, if you have children, a will can clearly state who your child(ren)’s legal guardians would be. Also, who you would want to take care of them in the event anything were to happen to you.

Similarly, you can also specify how those guardians bring up your child(ren) too. For example: should they go to religious schools for their education? Will the child(ren)’s grandparents have access rights?

In addition, you can also use your will to specify what your wishes are for your funeral. This does not simply have to be whether you choose burial or cremation. It can also include

  • any songs to play during the ceremony;
  • where you like the ceremony to be held, and;
  • what you would like to happen to your ashes if you do choose cremation.

Other things you can do in a Will

Some people also use their will to specify that they want to donate their body to a medical research facility, such as the UK Biobank. Or they specify that they wish to donate their organs, too. On this, we would say that you should speak to your friends and family about your wishes too though.

Furthermore, by drawing up a will, you can also state clearly who you want to get what aspects of your estate. To be clear, a person’s ‘estate’ does not refer solely to any property they own, such as a house or a flat, but also all of their possessions and any money, including the contents of ISAs, saving bonds and any investments.

Decide on property division through Wills

Therefore, through Wills, you can leave your property to your direct next of kin. That might mean your spouse or your child(ren), while also leaving individual possessions to specific people inside and outside of your family.

For example, say you have an ornament in a display cabinet that your best friend admires. With a will, you could henceforth specify that they get it once you pass away. Similarly, you might share a hobby with one of your grandchildren (stamp collecting, perhaps). Accordingly, your will can specify that he/she gets your collection when you pass away. Rather than leaving it up to the frailties of common sense to prevail after your death.

On this, it is worth noting that, if you were to die intestate, the rules regarding statutory legacy changed recently.

It makes sense then to draw up a will. It ensures they divide your estate as you wish; therefore, you’re also helping to squelch the possibility that the division of your estate leads to a dispute following your death.

Accordingly, we’d suggest that it will also help those you leave behind. Rather than having to divide your belongings and the potential squabbles this could cause, they can instead focus on grieving your passing.

What you should do about Wills

In the first instance, make sure that you get a will drawn up! Depending upon the complexity of the will you want to draw up, this needn’t cost the earth either. In fact, a simple will could cost you from around £80 to have drawn up depending upon the firm you use.

But a specialist will involving the creation of trusts, overseas properties, etc, cost over £500 to draw up. On this, please note that national laws may apply if you own land and property in other countries. For example, if you own land or property in Italy, Italian law states that this passes automatically to your children upon your death.

However, say one of your family members dies without having left a will (known as ‘dying intestate’). Or you feel that a family member’s will treats you unfairly and the estate is now in dispute. It’s a good idea to speak to someone with experience in the areas of contesting a will or contesting probate.

More About Us

At The Inheritance Experts, we work with specialist legal firms who have a proven track record in handling wills and probate matters. This means they are able to help you get the proportion of the estate you deserve. After your initial consultation with our advisors, which is done on a free no-obligation basis, we will match you with the firm that best suits the circumstances of your claim.

If you believe you are due a portion of an estate and want to know if you have a fair and realistic claim to some or all of it, do not hesitate to get in touch with The Inheritance Experts via the contact form on our website or by calling 0161 413 8763.

New rules of intestacy come into force

Posted on by Jonny

Regarding rules of intestacy, our panellists Hugh James Solicitors say that from Thursday (6 February):

the statutory legacy amount your spouse or civil partner can inherit if you pass away without leaving a will is set to increase from £250,000 to £270,000.

They will also still have entitlement to 50% of the estate above this sum, with the remaining 50% being split equally among your children.

In essence: if you have no children, your spouse or civil partner will inherit your entire estate.

This is because, if you die without leaving a will, your estate will be dealt with under the rules of intestacy. On this point, it is important to remember the following.

Say you have a partner but not by marriage or in a civil partnership with. Accordingly, they have no entitlement to inherit anything at all under the rules of intestacy.

In a situation where you have no children but do have a partner outside marriage or in a civil partnership with, the rules of intestacy state that the estate would go to your legal next of kin. Normally, this would be your parents if they are still alive. Alternatively, if you have any siblings, they would be next in line to inherit your estate. Otherwise, your estate would pass to increasingly more distant relatives, such as your cousins, nieces or nephews.

New rules of intestacy pondered in House of Lords

Similarly, it’s also worth noting that a proposal is currently going through the House of Lords regarding intestacy. In essence, it would change the rules governing inheritance tax for cohabiting siblings. Under the proposals, cohabiting siblings in all parts of Great Britain would be able to leave their estates to each other.

Moreover, they can do so without incurring any inheritance tax regardless of the size of the estate. To qualify, the siblings must live together at some point for at least seven years. Additionally, the surviving sibling would have to be over the age of 30.

We highlight this because it’s a long-overdue step in the right direction. In short, it acknowledges that many people are now unable to buy a home on their own. Accordingly, they have to pool resources with someone else (a sibling, perhaps) simply to be able to afford it

But these rules of intestacy don’t go far enough

In particular, these proposals would not change the inheritance tax rules governing cohabiting couples. Therefore, say you do leave a will that left your estate to your cohabiting partner. Regardless, they would still pay inheritance tax at a rate of 40% on the value of the estate above £325,000.

We now live in a society may choose to live together without marriage or entering into a civil partnership. We would argue that the law is not keeping up with and reflecting society. It should do.

Therefore, it is important to ensure you draw up a will to make sure that your estate splits how you want it to split. This is particularly important if you and your partner live together and the home is in your name. As such, your partner may then have no legal right to continue living there.

This would still be the case, even if your partner contributes to paying the bills and mortgage on the property. That’s because the law would only tackle the name on the deeds of the property. In addition, the rules on statutory legacy also mean that your partner has no right to claim any items of sentimental value either.

The Importance of a Clear Will

Avoid what would likely be a lengthy legal wrangle. In short, your partner would need to provide extensive proof that they made contributions towards

  • paying the mortgage and;
  • the upkeep of the property in order to simply recoup the amount they put into the estate’s value

It’s important then to draw up a will that details exactly who you want to have the different parts that make up your estate. You can even specify that certain people can certain individual possessions. Otherwise, your surviving family member, spouse or civil partner may end up in a legal dispute over who gets what.

If your partner dies intestacy or you feel that you have grounds to dispute an estate, act now. Just contact The Inheritance Experts by filling in the contact form on our website or by calling 0161 413 8763.

Presumption of Advancement cases show need to put agreements in place

Posted on by Jonny

You may have seen a probate story in the news the last few days about a mother not being able to claim back money from her late son’s estate.

The mum said that she had loaned her son £170,000 in 2005 to help him buy a house.

Having been diagnosed with an aggressive form of cancer in 2010, the son paid his mother £90,000 from a £350,000 compensation award he was given. The son then married before sadly passing away in 2016 with the entirety of his estate being left to his wife and a number of named charities.

Last June, the mother made a claim on the estate for the outstanding loan (£80,000) as she was not provided for in the deceased’s estate.

However, when the case came to court, the judge found that the mum had not proven the £90,000 was a repayment of the original loan rather than a gift. In addition, she wasn’t able to prove the original £170,000 was loaned rather than gifted to her son. Therefore, the judge ruled against the mum as he considered a legal principle called Presumption of Advancement (PoA) to apply.

What is a Presumption of Advancement?

Put simply, PoA is a well-established principle in UK law which states that courts will presume that, if a person transfers money or property to their spouse or child, this is considered to be a gift in the absence of any evidence to the contrary.

This is why, when the Court of Appeal heard the case again last month (December 2019), it upheld the original judge’s ruling due to a lack of evidence demonstrating that the money from the mother to the son in 2005 was intended as a loan rather than a gift.

To be clear, if this evidence had existed, this would have overridden the presumption of advancement. This evidence could have been something as simple as a hand-written agreement or IOU between the mum and her son.

What makes this case interesting is that provision was made in Section 199 of the Equality Act 2010 to abolish PoA. However, since then, this abolition has not been brought into force as part of UK common law. Additionally, when hearing cases involving PoA, no judge has created a legal precedent by ruling with Section 199 in mind.

The need to create an agreement

As this case demonstrates, it is important to make clear the basis upon which you are providing money to your child. This should be done whether it is a substantial amount to give your child a leg up when purchasing a home, such as in the case highlighted, or is a much smaller amount intended to help them pay some bills at a time when money is tight for them.

It is a great shame the lady making the claim and her daughter-in-law were not able to resolve this matter amicably, particularly given the tragic circumstances under which the claim was made. Unfortunately, this is increasingly becoming the case though, as the number of inheritance disputes increased by 62% year-on-year between 2018 and 2019 according to The Financial Times.

It is also unusual for this case to have come to court too; There is much publicity attached to probate cases. Most though are settled without needing to go to court.

What you should do

At The Inheritance Experts, we work with specialist legal firms who have a proven track record in handling probate cases. This means they are well-placed to help you get the proportion of the estate you are entitled to. After your initial consultation with our advisors, which is done on a free no-obligation basis, we will match you with the firm that best suits the circumstances of your case.

If you believe you are due a portion of an estate and want to know if you have a viable case, do not hesitate to get in touch with The Inheritance Experts via the contact form on our website or by calling 0161 413 8763.

Have One of These Surnames? You Could Inherit a Scottish Castle!

Posted on by Jonny

There are a lot of legal aspects to consider when a loved one (testator) dies. But what exactly happens to assets and property when the testator fails to leave a will behind? Or to publicly name the next of kin who has the right to receive everything? Well, it can mean that you inherit a Scottish castle. Yes, it’s ready for claiming by an unsuspecting descendent, as well as that descendent potentially having the legal right to a host of other assets, too.

The Government has a long list of assets in Scotland no one yet claims. It not only includes significant property but monetary assets to the value of £370,000 for what the property is worth, too. Any individual with the right surname may be able to claim on this valuable opportunity.

What You Need to Know About the Estates

There are a total of 425 empty Scottish estates simply waiting for claiming. The Government’s list of these empty estates lack rightful claims due to:

  • the fact that their previous owners left no will, or;
  • while failing to identify the next of kin eligible for the estate.

Under the legal system in Scotland, if an individual dies without leaving behind a clear will dictating how they want their property and assets to go out to benefactors, the assets refer to the care of the Crown. It is the duty of The Office of Queen’s and Lord Treasurer’s Remembrancer to then care for these assets.

Claiming Unwanted Estates

The good news is that the Succession Act of March 2016 has actually made the process of claiming these estates significantly easier. The Scottish Parliament eliminating the necessity to gain the form of insurance known as a Bond of Caution helps this.

Claiming these estates begins with learning whether you have the same surname as the testator/previous owner.

Checking Your Surname

While certain surnames are distinctly common, it is always worth checking. The list includes straightforward surnames, as well as obscure ones like Carlin, Hunniball, Malone-Philbane and Raube. The full list is available here.

If you successfully prove that your right to claim, a variety of assets will be available, including land, money, mansions and castles. Due to the fact that the testator leaves no will, you can claim their belongings, possessions and assets. Along with these empty Scottish estates, it’s also possible that there are more than 8,000 open estates in England and Wales, too.

Think that you deserve property or assets from a family member, however distant? Suspect they didn’t leave behind a will? Require any other legal advice? Don’t hesitate to contact our professional team at The Inheritance Experts today.

Exploring Contesting a Step-Parents Will

Posted on by Jonny

Contesting a will of a stepparent, in short, is a tricky matter.

It’s not uncommon nowadays for many families and children to have stepparents, and live with them, for a variety of reasons. Especially if you are a step-child who is

  • very close to their stepparent and;
  • considers them as good as your biological parent for the entirety of your life

Fact is, it can be very upsetting to learn that they may have left you out of their will. Or, if they don’t give you what you feel they owe you.

However, as a step-child, it may be an area of uncertainty whether you have the right to contest the will of a step-parent. In fact, atypical family setups featuring non-blood relatives alone add difficulty to traditional estates.

That’s why, at The Inheritance Experts, we commit to helping you in these circumstances. Moreover, we’re here to advise the steps to take for contesting a stepparent’s will.

Consider the Circumstances Surrounding the Drawing Up of the Will

Firstly, a will needs to have been made by an individual who has a sound mental capacity to do so. Therefore, your first step may be to evaluate your stepparent’s mental state during the time they wrote the will. Moreover, you must deduce whether they were of sound mind to do so.

Indeed, it can be very difficult to prove mental incapacity regarding the formulation of wills. But it’s a good starting point if you do believe your step-parent didn’t have the requisite mental capacity to distribute their assets accordingly.

This also applies if you suspect that the stepparent, despite being sound mind, faces undue influence from someone as they write the will.

Your Legal Rights for Contesting a Will of a Stepparent

Your legal rights aren’t as profound as blood relatives or direct children. But you can contest the will of a step-parent if any of the following applies to you.

  • Your step-parent made a firm promise to you that you would receive a certain asset in their will. Yet this agreement isn’t made clear in their Last Will and Testament.
  • You depend financially on your step-parent. Perhaps you continue living with them after your biological mother or father dies/moves on. Or they were the sole financial providers – but these financial expectations get no coverage in the will.

What matters is the ability to establish your position. Moreover, that you prove that you were financially dependant on the step-parent in question. And, therefore, deserve a fair inheritance.

Seek Legal Advice for Contesting a Will of a Stepparent

To fully understand whether your circumstances merit the need for a contesting of the will, seek sound legal advice. There are many factors worth consideration by a legal representative. Plus, later by the court, should the will contesting go forth.

  • How close you were to the testator.
  • The extent to which your stepparent supports you.
  • Your age when the stepparent joins the family.

If you are unsure whether your circumstances apply, then don’t hesitate to contact us.

How Long Does it Take For a Will Contest to be Resolved?

Posted on by Jonny

The grievance process is difficult enough, but it can be made significantly longer if a will dispute is needed. Many loved ones may be hurt and angry if they feel as though they have not been adequately covered in a final testament, which then leads to a will being contested. Which begs a common question: How Long does it take for a will contest to be resolved?

Our solicitors at The Inheritance Experts are experts in the area of will contesting: contact us for legal advice if you believe a will should be contested, whether it is on behalf of yourself or someone else.

What it Means to Contest a Will

Contesting a will means that a party close to the deceased feels as though they disagree with how the assets have been shared out within a will, such as not feeling as though they have received what they are fairly owed, or due to negligent behaviour.

Grounds to contest a will include:

  • Fraudulent wills
  • Forged wills
  • A lack of knowledge
  • Testamentary capacity
  • Lack of valid execution

In order to contest a will, the individual needs to have the legal right to do so. That means that contesting can only be made by the following:

  • A spouse
  • Direct family members
  • Beneficiaries
  • An individual who relied on the deceased for financial reasons
  • A creditor to whom the testator was in debt to
  • An individual promised an asset by the testator, but did not receive it in the will

How Long You Can Expect the Process to Take

Contesting a will relies on time, both with a time limit to submit your case, and then the time frame you can expect to wait following the opening of the case.

How Long Does it Take For a Will Contest to be Resolved? The Time Limit

You have until the executor starts distributing the testator’s assets in accordance with their Final Will and Testament, after the grant of probate. Sometimes, it’s possible to submit a claim after the commencement of distribution. Therefore, it’s advisable to do it beforehand to make for an easier process.

As with anything, as soon as possible is always beneficial, and the earlier you begin, the more likely it will be that you succeed.

The only time that experts don’t advise an exact time limit is with a case of fraud, wherein you would have as long as is necessary.

The Expected Time Frame after Commencing the Case

In short, don’t expect the process to be a quick one.

Firstly, the best way to resolve the dispute is via the means of mediation, which can be a long process. There is always the risk that mediation may not be successful. In turn, the contesting of a will then require court proceedings.

From then on, there is no designated time frame regarding how long the court may take to make a decision: it may take a few months, but it could take anything up to a few years. It also depends on the complications the case presents: do bear in mind that every case is unique.

Therefore you should expect the overall process to take a couple of years, and anything less will be an advantage.

Can an Executor be Removed From a Will?

Posted on by Jonny

If an executor is removed from a will, certain grounds are clearly not being met. But first, a quick summary of what an executor to a will is.

An executor of a will is a person who carries out the instructions the testator provides. They’re also responsible for trying for maximum gain when it comes to sharing out assets

  • Such as selling property at the right time to receive the highest return.
  • Or being responsible for the handling of the correct amount of taxes.

You can assign more than one person to be an executor, in short. However, many people find that assigning just one person is the most constructive way to operate.

Who is Eligible to be an Executor?

It is up to the testator to decide who they wish to be an executor, and they can choose anyone they like, as long as that individual is 18 years of age or over. Common choices include spouses or children, which means executors can also be included in the will, too. On the practical side, they might appoint legal representatives and individuals with sufficient experience instead.

An executor must be a trustworthy person, one who is able to follow the testator’s instructions.

What Happens if You Don’t Have an Executor?

A situation might arise where parties cannot elect or find a capable executor. In such cases, there is a government official who is able to step in should you be in need as a last resort.

Can a Chosen Executor be Removed from a Will?

Dismissing the executor of a will is the responsibility of the testator during the course of their life. However, following the testator’s death, removing the chosen executor becomes more difficult.

But it’s not unheard of, either. In short, a court can remove the executor from a will, if one of the following things occur.

  • First, if it can be proven the executor is incapable of performing the duties of the executor role.
  • Second, if they are unsuitable for the position.
  • Third, if since the death of the testator they are now ineligible to serve as an executor.
  • Fourth, if they aren’t acting in the testator’s best interests (‘best interest’ is a determination of the court).
  • Also, if there exists a severe conflict of interest.
  • Finally, if there are any legal ineligibility criteria. For instance, mental conditions which prevent the executor from acting as the role demands.

How is an Executor Removed From a Will?

The removal of an executor can only take place through court proceedings, in which the court will decide on the manner of removal using the details and reasons listed above. To begin these proceedings following the death of the testator, the relevant party must file for a court proceeding. This individual needs to have a share of the will to have the ability to file to remove an executor.

Once court proceedings start, the legal representatives for the executor and the individual filing for removal will show why they either believe they must remain or leave as the executor. The reason for removal requires establishing.

If you are concerned that the executor of an estate is not acting correctly, contact us for advice. We work with leading solicitors who specialise in handling executor disputes to resolve issues swiftly and fairly.

At The Inheritance Experts, we can offer support and advice to appoint or remove an executor. Contact us today should you wish to discuss.

Not in Sound Mind: What Does this Mean for Wills?

Posted on by Jonny

Even when the circumstances surrounding a will are as legally-compliant and straight-forward as possible, it’s still a very distressing and difficult time. Therefore, when the idea of an individual not being of sound mind is taken into account, this can make it significantly more difficult to handle.It’s consequently important to know what to do in the circumstances of an individual being unable to formulate their own will, and The Inheritance Experts are on hand to guide you every step of the way.

What Does It Mean to be ‘Not of Sound Mind’?

To be of a sound mind, a person needs to have full comprehension of their self and their situation. In providing a will, a person needs to fully understand their affairs, loved ones and possessions. In turn, they must be able to formulate a will with a complete understanding of how they’ll distribute their assets. To be of sound mind, you also need to be able to make rational decisions and judgements.This is different from being in a state of emotional capacity. Formulating a will in the first place is never easy. But being emotional or sensitive regarding the distribution doesn’t mean you’re incapable of making a logical choice.

What Needs to Be Done in this Case?

When an individual is not of sound mind, they’re incapable of making a rational decision in regards to:

  • possessions;
  • finances, and/or;
  • general affairs.

In turn, you should appoint a representative to make the decision on their behalf. This representative can distribute their assets accordingly and make the decision for them.Electing an individual to this responsibility can either be a family member or friend, or a legal representative. Appointing the latter is most common due to the need for neutrality and a more analytical mindset.

Contesting a Will if you Think an Individual is Not of Sound Mind

It is possible to dispute a will if you are an external party who believes that the individual in question was non-compos mentis when they wrote their will. However, it can become very difficult to define being of a rational mind.
It’s different to making a decision which seems unexpected or nonsensical to a loved one or familiar individual. The writer of a will can make a rational and personal decision whilst also being of sound mind, even if that decision isn’t preferable to parties involved. This may be more in relation to an eccentric personality rather than a lack of rationality.
One must provide solid proof to attest that a person was not of sound mind when formulating their will. Of course, this then leads to difficulties in handling such a sensitive matter, which is why we encourage you to seek expert legal advice.
If you are unsure whether an individual is of unsound mind and require legal assistance, then don’t hesitate to contact The Inheritance Experts today.

A Forensic Handwriting Wills Expert to Examine Aretha Franklin’s Will

Posted on by Jonny

Aretha Franklin burst onto the worldwide music scene in the 1950s, developing a career that transcends her passing in 2018. Franklin’s voice and presence endure. But her family now deals with a stunning conundrum after the discovery of two wills. So wild is the news that a handwriting wills expert is now necessary to determine the future of her estate.

Some thought the singer, famous in part for her hit single Respect, didn’t originally leave an official will. Not only was one hidden, but another handwritten one now exists in the aftermath of her death. Hence, the need for a handwriting wills expert, to sort through:

  • One locked away in a cabinet.
  • The other one found under the couch.
  • Ergo, it’s only natural to assess the validity of these wills.

Franklin’s siblings at war

Franklin’s children are coming to terms with their mother’s death. However, the discovery of these wills present causes that force them to face each other in court. On one side, there is Kecalf Franklin, as the sole executor of her estate. Her youngest son, Kecalf is supporting the content of one of the handwritten wills from 2014.*

This will, however, rules out an inheritance for Teddy Franklin (her other son) and her niece Sabrina Owens. In turn, this is something that the other parties hope to contest. Kecalf is supporting his claim with help from handwriting expert Erich Speckin. In turn, his goal is to prove the will was indeed the product of Franklin’s own handwriting.

Additionally, Speckin has also been brought in to rule out any tampering with the will since it was written. To that end, Speckin can employ UV forensic technology to date the inks from the will. If Speckin can confirm the will’s validity, it’s possible that both Teddy and his other brother, Clarence will return fire. A beneficiary often does this by hiring their own forensic experts to contest the result.

Bringing in the Forensic Handwriting Wills Expert

With a whole host of forensic experts on the case, the lens falls on the handwriting in these wills. If the content of these wills was not contentious, then perhaps this expertise would not be needed.

However, due to the sensitive sibling tensions involved in the battle, these forensic examinations are more important than ever. Forensic examiner Bart Baggett outlines exactly what happens when someone examines handwriting.

“I always want to see the original because you can look under a microscope and see a pen lift, a hesitation, a striation.”

If these striations match Franklin’s other handwriting, Kecalf’s claim would be hard to dispute. He goes on to say that line spacing, autographs and birthday cards help to prove or disprove whether it is indeed her writing.

Baggett adds that he “would find it shocking if the other experts found that it’s not her writing. Because there’s just a voluminous amount of it and it’s so difficult to execute such an elaborate fraud. The skill level would be amazing.”

However, it’s worth noting that Baggett himself has not had a chance to examine the wills. Shedding light on the process of this, Baggett then suggests that Speckin must present his findings to the court and await judgement.

In effect, all handwriting examination can take place under the strict supervision of a court official. That way, no findings can be subject to accusations of fabrication or ultimately deeming the expert findings to be invalid.

From there, parties will need to come to an agreement over who takes charge of Franklin’s sprawling $80 million estates. Whether Kecalf (with the support of his brother Edward); or Owens, Teddy or Clarence become sole executors of the estate remains to be seen.

ADDENDUM:

As of late January 2020, Sabrina Owens is no longer the executor of Aretha Franklin’s estate. In a court filing, Owens states:

“Given my aunt’s love of family and desire for privacy, this is not what she would have wanted for us, nor is it what I want… I hope that my departure will allow the business of the estate to continue, calm the rift in my family and allow me to return to my personal life.”

Moreover, settlement of the estate itself remains up in the air. Since Owens left her post as executor, Detroit lawyer Reginald Hunter has taken charge of the estate (reportedly worth $17 million).

*To clarify, 2014 is when most believe the will was written.

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