• 27
  • July
    2011

Recently, the news was all over Florida and the rest of the country that the talented young soul singer Amy Winehouse was found dead in her apartment. The British singer had become a pop music sensation with her second album, "Back to Black." Unfortunately, a seeming byproduct of her rise to fame was a reckless, rock-and-roll lifestyle fueled by abuse of alcohol and drugs.

In the midst of this whirlwind of artistic and commercial success, combined with an over-the-top pattern of substance abuse, the singer married a man named Blake Fielder-Civil, who has been described by many as a bad influence on Winehouse, especially when it came to drug use. She eventually divorced Fielder-Civil, but apparently kept the drug habits that the two had developed. He got no settlement in their British divorce. Now it may be that Fielder-Civil will inherit Winehouse's fortune.

Under British law, when a couple gets married, any will that was established before the marriage is null and void. The spouse becomes the heir. Rather unusually, the pre-marriage will does not spring back to life when if the parties get divorced. The ex-spouse is still the presumed heir, unless the deceased made a new will after the divorce.

With millions of dollars (and pounds sterling) at stake, perhaps Winehouse had good advice and did make a new will after the divorce. However, it is also possible that her lifestyle prevented her from making good decisions or getting around to executing them.

Florida estate planning attorneys would point out that the law in Britain differs substantially from the law in Florida, but there is a lesson that applies either way: it is important to update your will and other estate planning documents whenever your circumstances change substantially. Divorce is a prime example of one of those important changes. Without changing your estate plan, you could unwittingly leave your estate to someone you do not intend to leave it to, and unwittingly disinherit your desired heirs.

Source: Forbes "Amy Winehouse: Who Gets the Money" 7/24/2011