DIY Wills: Are you putting your estate at risk?

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.

Whether you are thinking of downsizing or struggling to manage rising costs, the time may come when your commercial property lease no longer works for you.

We know that businesses can sometimes feel obliged to follow through with their lease until the end, but there are often various means of ending a lease, should you need to.

Deciding on how to end your lease early will depend entirely on the lease terms in your contract and what is right for you.

Our Head of Commercial Property, Elena Nicolaou, explains your options.

Why might you consider ending your lease?

You may be facing financial pressure and your rent and overheads might be becoming harder to justify.

It could be that your business is growing and the space can no longer support your operations.

Alternatively, you may be downsizing or restructuring your business, which may mean your current premises are too large.

It is easy to assume that breaking or surrendering your lease is not possible or that the consequences will be too costly to consider.

However, many leases do offer more flexibility than businesses realise.

What are your options to end a commercial lease?

Here are a number of common options for ending a commercial property lease:

Break clauses

Some leases will include a break clause and this gives you the right to end the lease early.

If you want to break your contract, you must provide written notice before you intend to leave.

You must also comply with any other requirements set out in the break clause, such as ensuring rent is fully paid or complying with other conditions attached to such clause.

Where the right to break is a one-off break linked to a specified date, should you decide to pursue this route, you must be careful not to miss the deadline for serving the required notice.

Assigning your lease

An assignment allows you to transfer your lease to another body/ party. If the lease permits assignment, this often requires your landlord’s consent, which may be subject to conditions.

You may be asked to guarantee the new tenant’s performance. This may include some level of risk after you leave the property, such as being liable for certain breaches of the lease.

Negotiating a surrender

A surrender is when you and your landlord agree to bring the lease to an end early and this is usually documented in a deed of surrender.

This can offer a clean break, but it does sometimes involve negotiations with your landlord.

Landlords are not obliged to accept a surrender and they may expect a financial payment or other terms in return.

Subletting the property

If a full exit is not immediately possible for you, then subletting can provide some breathing space.

Subletting allows you to remain the tenant, while another body/ party occupies the property.

This can ease some of the financial pressure when you consider your next step, but you may still be responsible for the lease obligations.

Subletting will only be permitted if the lease allows for this and if it does, it often requires your landlord’s consent, which may be subject to conditions.

In terms of a subletting, you will still be responsible to the Landlord for payment of the rent under the headlease and performing your obligations under the head lease.

If your headlease is mortgaged, you must ensure that you comply with any terms and obtain any lender’s consent before you proceed.

What are the risks of getting it wrong?

Trying to exit your lease without fully understanding your legal position can sometimes create more problems than it solves.

You could be putting your business at risk of ongoing costs or disputes if you have invalid break notices or unclear agreements.

However, if they exist, there could still be a liability for dilapidations and considering those early on and assessing the financial costs would be advisable.

This is why getting early advice can help ensure you serve your notice correctly.

Our professional team has supported many companies looking to end their lease early.

We can help manage the negotiations with your landlord and ensure you leave on terms that are fair.

If you want further advice on ending your lease, contact our commercial property team today.

We are extremely excited to announce that we are a part of the Essex Young Farmers Show on 17 May 2026.

Several members of our firm will be in attendance and we even have our very own trade stand in Block D (opposite the children’s area), where you can come over and say hello.

We will be running a series of competitions and activities at our stand that everyone can enjoy and we are also proudly sponsoring the children’s educational area.

The Essex Young Farmers committee organises the show to support rural youth and local charities, so it’s a great event to be part of and it’s always very well-attended.

This event is a perfect day out for the family and you can keep the kids entertained with our children’s colouring competition.

We also have some exciting games for the adults, including our drawing competition and seed planting activity.

If you end up spending all day at our stand and having a chat with our team, we have you covered with some refreshments.

The show itself is jam-packed with events, from livestock displays and shopping to games and activities.

You will also get the chance to meet local farmers, producers and rural businesses, while enjoying locally produced food and drink.

Whether you’re from a farming background or just fancy a nice day out with the family, there’s something for everyone and we would love to see you there.

If you would like any further details about how to join us at the Essex Young Farmers Show, feel free to get in touch.