Estate Planning

Before You Accuse Me

By Hull and Hull LLP

The Estate of Bo Diddley, the Rock and Roll Hall of Fame rhythm and blues musician, who influenced acts such as The Rolling Stones, The Clash, and Eric Clapton, is currently the subject of a will challenge.

Diddley's attorney and his agent/managers are administering his estate, the assets of which include his music rights and his likeness.  His children and grandchildren, beneficiaries of Diddley's Estate, want to receive a further distribution.  More significantly, they desire control over his belongings and song rights.  Consequently, Diddley's family is planning to contest the will.

Diddley's family is alleging that the will is invalid in part because Diddley's elementary school education rendered him 'unknowledgeable of complicated legal matters'.  In response, the lawyer who drew the will stated that 'no one has ever executed a testamentary document in [his] office without a firm understanding of what they are signing, the contents, and the future effects'.  Diddley's family members also point to a provision of the will (apparently unenforceable in Florida) that states that any heir that contests the Will shall be disinherited.

Time will tell whether Diddley's family can show that Diddley lacked testamentary capacity.  Clearly Diddley's attorney and agent/managers will be humming the tune of Diddley's classic 'Before You Accuse Me'.

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Full post as published by Toronto Estate Law Blog on March 08, 2011 (boomark / email).