It seems the topic of homemade and DIY Wills has hit the headlines once again, following a settlement on the decade-long legal saga of comedian Sean Hughes’ estate.
Sean Hughes had never married and intended for his £4 million estate, which included his home and two further properties, to go to a charity close to his heart.
However, he used an online platform without legal assistance to draft his Will and this included ambiguous language around his properties.
The Will was put in question as two of his properties were actually in the name of a company of which he was the only shareholder.
Although the family agreed with his wishes in his homemade Will for the properties to go to charity, the case was still referred to a judge to make the decision.
After ten years, Sean’s Will was finally followed through with, but it does bring up the conversation around the risks of a DIY Will.
DIY Wills are often presumed quicker and more cost-effective, but you should not ignore the serious legal implications they create for your loved ones in the future.
Our department director and Wills expert, Helen Jago, explains how cutting corners when preparing a Will can leave your estate vulnerable to disputes and unintended outcomes.
What are the legal risks of a DIY Will?
A Will is a legally binding document that protects your assets, records your wishes and protects the people you care about most.
In England and Wales, a Will must comply with strict formal requirements under the Wills Act 1837.
If these requirements are not met, the document may be declared invalid.
The most common mistakes include:
- Failing to sign the Will correctly in the presence of two independent witnesses
- Using witnesses who are beneficiaries (which can invalidate their gift)
- Not clearly demonstrating testamentary intention
If your Will is invalid, your estate will be distributed under the Administration of Estates Act 1925 and the rules of intestacy.
This means the law decides who inherits what and the outcome may be very different from your intentions.
How can ambiguity and unclear drafting affect your Will?
DIY Wills often contain vague wording, such as ‘to be shared equally’ or ‘to my family’, without clearly defining what this means.
Ambiguity can lead to disputes between beneficiaries or costly court proceedings to interpret your intentions.
What could have been resolved with careful drafting may instead become a prolonged legal battle.
What happens if you fail to appoint roles in your Will?
Many DIY Wills fail to appoint executors, which can delay the administration of your estate and may require court involvement.
Not naming guardians for children under the age of 18 also gives the power to the courts to decide on who should care for your child.
Omitting trustees where trusts are required can result in further expenses and uncertainty.
Without a clear residuary clause, certain assets may fall into intestacy even if the rest of the Will is valid.
Are DIY Wills more at risk of disputes?
DIY Wills are at risk of being contested as claims can arise on grounds such as lack of capacity, undue influence or unclear drafting.
Without evidence that you received independent legal advice, it can be more difficult and expensive to defend these claims.
Don’t let your family spend years and their money resolving disputes that could have been avoided with proper legal guidance.
How can a solicitor support your Will drafting?
A DIY Will may appear cheaper initially, but the costs of resolving any errors or uncertainty can be high for beneficiaries.
Disputes and court applications can also be time-consuming and emotionally draining for all involved. Seeking early independent legal advice can ensure your wishes are respected and your family is protected.
Our Wills and Probate solicitors can help you draft a Will that is tailored to your assets and life and ensure it is compliant with the signing and witness requirements.
For further support on drafting or reviewing your Will, get in touch with our Wills and Probate team.
