I have blogged recently about a dispute over Mary Kennedy’s remains and in particular, where they were to be buried.

Now another celebrity corpse case is being fought.

Legendary car designer Carroll Shelby who designed the Cobra and Ford Mustang and died May 10, 2012, lies in a morgue while his estranged wife battles his kids  over who has the right to deal with his remains.

Shelby’s eldest son has come forward with a document that states he has the right to the remains. Cleo, the estranged wife, claims the document is either a forgery or Shelby signed it on his death bed and did not appreciate what he was signing.

According to a TMZ report , the facts are sketchy- but it appears that Shelby petitioned his wife of 14 years for an annulment last April claiming she had lied about everything during their relationship even her true identity.

It would appear that Shelby did not have an up- to-date will. If he had made a new will when he separated from his spouse or filed for the annulment, he could have named his eldest son as executor. An executor has the right to deal with a deceased’s remains .

In Ontario, separation does not void an existing will so it is important to make a new will if you separate from your spouse.

It appears that Shelby failed to update his estate plan and as a result, his family is now embroiled in a very sad and public fight.