0161 413 8763

7 days a week from 8am - 9pm

Menu

Month: November 2019

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.

Evidence to Contest a Will: What is Necessary?

Posted on by Jonny

Do you know what evidence to contest a will of a family member is most critical?

When a family member dies, it’s often a difficult grieving period for everyone who was close to them. Unfortunately, surprises in the testator’s will can cause more upset during this time. Often, some people find there are suspicious circumstances surrounding it.

No matter why you want to contest a will, you need proof to see a successful claim go through. It helps to know exactly what evidence is needed to contest a will.

So instead of searching for it, stick around and take note of these important steps.

Establishing grounds to show the evidence to contest a will

Knowing what legal grounds you stand on helps you determine if you can even contest a will in the first place. So let’s say, for instance, that you do meet the grounds necessary to contest a will. Knowing the reason why you are doing it also enables you to streamline how you collect evidence.

Here are some of the most common grounds claimants can use in order to contest a will.

The testator lacks the mental capacity to write the will

For example, if they were experiencing psychosis due to a mental health disorder.

They did not understand or approve the content of the will

Those hard of hearing, eyesight, or who dictate that someone else sign the will fall under this bracket.

Undue influence from another party

These grounds apply to when the testator faces consequential pressure to write their will a certain way.

The will doesn’t reflect a testator’s true intent

Accordingly, this is for circumstances where a will does not truly reflect the testator’s intentions.

Fraudulent Wills

Simply put, fraudulence is when benefits go to someone as a result of fraud. Moreover, you can challenge if fraud is even under suspicion, thus bringing the will itself into question.

Execution of the will violate the Wills Act 1837

Specifically, section 9 of the Wills Act 1837 is under violation in this scenario. As a result, the will becomes invalid and the estate passes under the statutory rules of intestacy.

Vital evidence to collect

Depending on which grounds you follow to contest the will, you’ll need specific evidence to back up your claims. One of the best examples is when you are contesting a will.* In this case, you will need to heavily rely on medical notes.

Witness Statements

Those present at the time of drafting and signing the will are important to determine if a will is valid. This also includes those who may have known the testator well before their own death. Examples of witnesses include**:

  • Solicitors who drew up the will;
  • People who witness the signing of the will;
  • Those, aside from medical professionals, who can attest to the testator’s state of mind during the signing of the will;
  • Family members who offer care and support for the testator before they die;
  • Anyone who believes they have knowledge of the testator’s previous intentions regarding their assets.

Helpful Documents

There may be written documents the testator had written which indicate something different from what was written in their will. This is a very helpful set of evidence, particularly contentious probate.

If you find and verify such documents, they could offer valuable insight into what their true intentions were. Seek legal advice from law firms that offer no win, no fee basis for a grant of probate and contesting a will after probate services.

It could be that you find a journal entry which speaks of any undue pressure they experience to change it. Also, seek out any letters written to someone expressing their sincere wishes.

Medical Evidence to Contest a Will

As we say, evidence to contest a will depends heavily on medical notes and medical records. Frankly, medical records are some of the most overlooked but important pieces of evidence. They can prove whether or not a person was in sound mind when creating their will.

Yet, they are also a testament to the testator’s health, age, and any disabilities that may impair their ability to make a sensible decision. Collect them from doctors or other medical professionals around in the time before the testator passes. Moreover, be sure to include notes showing which kinds of medications they may have been taking.

Probate registry is not an easy time to begin with, particularly for people lacking the regular experience to challenge the validity. Turn to TIE, as we have the knowledge and approval of successful probate challenges because we know the field. From time limits to make a claim to citing any lack of testamentary capacity in the deceased, we know inheritance claims.

As it should be: because we’re The Inheritance Experts.

FOOTNOTES
All UK Written Wills
No Win No Fee*

*This is because you trust that the testator lacks the requisite mental capacity to write it.

**But are not limited to.

Do I Have the Legal Right to Dispute a Will?

Posted on by Jonny

We say it often: experiencing the death of a loved one is never easy. When there are financial matters to attend to after they pass away, this adds even more distress to the grieving process. However, when it comes to the legal right to dispute a will, you need to explore your options.

Before you enter into a legal dispute over a will, ask yourself if it’s worth the tensions that may arise within your family. If so, here is how you assess whether or not you can legally dispute it, and how to increase your chances of a successful claim.

Legal right to dispute a will: the grounds to do so

Merely holding suspicions over a will is not enough to give you legal sway when disputing it. Most solicitors will require that you have solid legal grounds for a dispute before they accept a case.

Legal grounds may cover circumstances where:

  • There was no valid execution of the will.
  • Situations where there was no knowledge or approval of the will.
  • Any rectification grounds.
  • Undue influence.
  • Revocation.
  • Lack of testamentary capacity.

Further legal help may be necessary when contesting a will that may be fraudulent. This presents you with grounds to involve the police and could well result in a longer investigation.

Who can legally contest a will?

It is not just the grounds for disputes that you must consider. When assessing whether you are legally able to contest a will, you must also consider who you are. There is a long list of people who can do this. If you are on here, you are off to a good start:

  • Family members directly related to the deceased, e.g. Children or grandchildren.
  • Spouses who are still legally married to the testator.
  • Someone who expects something in the will before the testator dies, but was left out of it.
  • Debt creditors.
  • Someone who financially dependent on the testator.
  • A beneficiary set in a previous will, but not this one.

How to begin a dispute

Remember that as soon as a dispute is brought to light, you will have plenty of time to make sure you cover each stage of the process as thoroughly as possible. It helps to have a solicitor on hand throughout this time, who can provide both emotional and legal support to everyone involved.

While finding the right solicitor is a great first step, you must also make sure you have enough proof when presenting your findings. This is because merely speculative cause for a claim is lacking. It simply won’t give you the legal backing you need to ensure your claim is successful. Furthermore, you may launch a full-scale investigation into the validity of the will in the lead up to this.

It must also be noted that if you are set on disputing a will, do this before probate goes through to avoid drawing it out. It is more affordable for all parties to try mediation before beginning a dispute. Ultimately, however, one in four siblings say they would dispute a will. So, if an agreement cannot be reached, you are perfectly right to dispute yourself. This is as long as you are aware of the risks that come with a dispute.

What to Do If a Will is Fraudulent

Posted on by Jonny

What would you do if a family member’s will is fraudulent? Fact is, this is an upsetting time for all the friends and family who knew them. Often, the Will they leave behind is the last thing on someone’s mind. People are still grieving over the death of a family member, after all.

However, there will be times when suspicions arise over the validity of a will, as it’s possible that a will is fraudulent.

Unfortunately, you must act quickly to determine if this is, in fact, the case. Concurrently, a longer wait may result in less closure and more financial turmoil. During this difficult time, there are some tips you can follow to ensure the claim goes much smoother.

Sound out your suspicions

If a will is fraudulent, then it may not just be you who has their suspicions. Some of these wills are often completely valid but without expectation. But estimates on the cost of probate fraud lie somewhere between £100-150 million.

It is, therefore, reasonable to assume that fraudulent cases do occur. Yet it still helps to confirm your suspicions with others first before assessing whether you can make a valid claim. Make sure you are taking note of warning signs above all. Because when emotions are running high, it’s easy to become suspicious of anyone and everything.

For this reason, you’ll need to make a distinction. Then, you must decide if there is enough proof to contest the will. Without it, you may struggle to get a solicitor on board to take the matter further.

Find legal support for your case

For any case involving a fraudulent will, it always helps having a solicitor on hand to help you determine whether your case is viable. If it is, they will then act as a vital form of emotional and legal support during an already stressful time. They will also provide necessary resources to launch an investigation into the will, which you may not have at your disposal otherwise.

Searching for the right solicitor can be stressful in and of itself, but you can streamline the process by looking at online platforms to find the right one. This solicitor will have a great understanding of the burden of this kind of claim, and should act in your best interests to make sure your case has the best chance of winning.

Take legal action if a will is fraudulent

When it comes to fraudulent wills, the cases are not as simple as in any other circumstance. If someone is found guilty, they are liable to face criminal charges of fraud and could face prison time.

So, even after your solicitor determines a will is, in fact, fraudulent, a legal action might still be necessary. This is when involving the police becomes paramount. The fraudulent person needs to be brought up for committing a serious crime. This kind of legal process can become more daunting for family members still grieving. But it’s important that you receive proper closure and financial security by following this action through to the end.

0161 413 8763

7 days a week from 8am - 9pm

Before you go... Quickly leave your details and a friendly expert will call you back at a time that suits you, free.

Contact Us

Alternatively, why not give us a call to discuss your query:

0330 013 0544