Legendary journalist and talk show host Larry King passed away in January of 2021. Just over a year prior, dated October 17, 2019, he left a handwritten letter that read:
“This is my last Will & Testament. It should replace all previous writings. In the event of my death, any day after the above date I want 100% of my funds to be divided equally among my children Andy, Chaia, Lary Jr, Chance & Cannon.”
This note is considered a “holographic will,” or one that is handwritten and valid under certain conditions. Even if the deceased has a pre-existing, formally-drafted last will and testament, a holographic will can override it if it meets the requirements of a holographic will in that state. In Larry King's case, a holographic will must be signed, dated, has clear intent, and if the testator, or person who created the will, was of sound mind when they wrote it. This type of will also does not require a witness or notary, although they may be present.
According to King's handwritten holographic will from 2019, all of his funds should be split equally among his five children. One of King's sons, Larry King Jr., argued that his father's note constitutes a legal holographic will, that King Jr. should be appointed as the executor, and that the terms of King's handwritten note should be followed.
However, King's formal will from 2015 names his seventh wife, Shawn Southwick-King, as the executor. Although King filed for divorce from her in 2019 and passed away while awaiting their divorce hearing, Southwick-King claimed they weren't really headed for divorce and were on good terms. She believed the handwritten note was an “ineffective codicil” with no legal significance, and that his 2015 will that names her as the executor of his $2M estate is the controlling document.
In addition, Southwick-King argued that it would be inappropriate to appoint King Jr. as the executor of King's will because he had never been involved in his late father's business and he owed a debt to King's estate. She also claimed undue influence, stating that King was of questionable mental capacity and possibly under the influence of medication following a stroke, so he was “highly susceptible to outside influences.”
So, which will reigned supreme? Under California law, a holographic will is deemed valid if it is in the testator's handwriting, it is signed and dated by the testator, and if the testator had the intent to make the will. Because King's note was in his handwriting, signed by him, and stated his intention to bequeath assets to his children, the state of California could have recognized it as the legal will. But, because Southwick-King claimed undue influence, it proceeded to trial.
According to a forensic-based handwriting analyst, the document was written by King, but his mental capacity was questioned based on his handwriting that was scratchy and messier compared to his previous writings. In addition, the analyst concluded that the person who signed the holographic will as a witness was the one who dated the handwritten note, not Larry himself. Because of these findings, the holographic will was deemed invalid, and the original 2015 will was honored as the controlling document.
The lesson from Larry King's legal dispute between his son and seventh wife is that it is imperative to execute a clear last will and testament, regardless of whether it is formally drafted by an attorney or it is a handwritten, holographic will.
Much like in the state of California, Michigan permits holographic wills. The material portions must be in the handwriting of the testator, dated and signed. The document must clearly indicate the testator's intent to create a will and the intent to revoke any previous wills, and the testator must be of sound mind. In addition, a witness or notary aren't required like they are for a typed will.
Holographic wills can be quick, cheap, and easy, but they can come at a cost. Absent the advice of counsel and the formalities of a traditional will, handwritten wills tend to invite challenges and interfamily conflict. In addition, because they aren't prepared by an attorney, holographic wills tend to be less thorough and often contain ambiguous or unclear language. Holographic wills typically lead to legal disputes among potential beneficiaries, increasing costs and causing delays to the distribution of the testator's estate.
To avoid these issues, it's best to consult with an experienced estate-planning attorney for proper guidance. To set up a consultation with our attorney, fill out our online form or call us at (248) 273-3244.
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