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DIY Wills: Are you putting your estate at risk?

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.

Feel stuck in a commercial lease that no longer works? Here are your options for getting out early

Feel stuck in a commercial lease that no longer works? Here are your options for getting out early

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.

Palmers are inviting you to the Essex Young Farmers Show

Palmers are inviting you to the Essex Young Farmers Show

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.

Inheritance disputes are on the rise: How to protect your loved ones

Inheritance disputes are on the rise: How to protect your loved ones

Inheritance disputes are on the rise, with more than one in five UK adults saying they would consider challenging a Will or inheritance if they felt it was unfair or did not reflect the deceased’s intentions.

This new information comes from a survey of 2,000 UK adults conducted during The Association of Lifetime Lawyers’ annual Update Your Will Week campaign earlier in March.

So, what can you do to make sure your loved ones won’t have to face disputes in the future?

Whilst every situation is unique, there are a few things everyone can do to ensure they and their family are best prepared for the future.

Write a Will

Nearly half of people in the UK state they’re worried an outdated or missing Will could cause disputes among their family.

Despite this widespread concern, 48 per cent of people do not have a Will drafted.

If you’re one of them, it’s time to change that.

Without a Will, your family could be left exposed to uncertainty, disagreement and, increasingly, formal legal disputes.

Not having a Will in place is actually one of the main reasons for inheritance disputes, according to the latest research conducted by The Association of Lifetime Lawyers.

Update your Will

Your Will should be treated as a living document that evolves as your life changes.

So, if your circumstances are changing, you should consider updating this legal document to make sure you’re still protecting the people you care about and avoiding legal disputes.

It’s best practice to review your Will every five years or after major life events such as:

  • Getting married
  • Becoming a parent or grandparent
  • Changes in your financial situation
  • Starting a business
  • A death in your family
  • If you or one of your beneficiaries has obtained a Gender Recognition Certificate

If you want to be sure your assets are distributed to the people you choose, get your Will written or updated as soon as possible.

Communicate your wishes and have difficult conversations

Planning for the future sometimes means facing difficult topics.

However, we’d recommend having those conversations before it’s too late to make sure your wishes are heard.

Letting your loved ones know your wishes not only provides them with peace of mind for things such as funeral plans, but it will also help them know what to expect when the time comes.

That way, things you’ve outlined in your Will won’t come as a surprise to them and are less likely to lead to inheritance disputes.

Why are more people contesting Wills?

With Will disputes on the rise, it begs the question of why this is happening. The increase is not due to any one factor.

It is usually a mix of social, economic and demographic changes that influence how people plan their estates and how others respond to them.

For example:

  • Blended families may create competing expectations between spouses, children and stepchildren.
  • Rising property values may increase the estate’s worth and make disagreements over unequal shares more likely.
  • An ageing population increases the risk of disputes over capacity and undue influence.
  • Younger generations are increasingly relying on inheritance for their financial security.
  • An increased awareness of the right to challenge a Will, partly driven by media coverage of inheritance disputes.

If you are considering contesting a Will, seek advice from our contentious probate team to understand your position and the options available.

Take action now

If it’s been a while since you last looked at your Will or you don’t have one yet, now is the time to take action.

At Palmers Solicitors, our Accredited Lifetime Lawyers offer specialist expertise in later-life legal matters.

We can help you and your family put plans in place to help ease your mind and avoid inheritance disputes in the future.

If you’re concerned about inheritance disputes or are looking for advice on setting up or updating your Will, contact our team.

When does your business need a SaaS agreement?

When does your business need a SaaS agreement?

Businesses across all sectors are shifting away from traditional locally hosted software platforms and moving systems into the cloud.

These systems are essential to day-to-day operations and having a clear Software as a Service (SaaS) agreement in place is crucial.

A SaaS agreement is the contract between the service provider and the customer that sets out the terms for accessing cloud-based software.

Our Supervising Director of the Company Commercial department, Matthew Johnson, explains the importance of having a robust SaaS agreement in place.

What is a Saas platform?

Rather than purchasing a license and managing the software on their own infrastructure, a customer will pay for access to a SaaS online service that the provider hosts and maintains.

SaaS platforms can be implemented quickly and businesses often avoid the cost associated with traditional software rollouts.

Due to its cloud-based nature, the platform also supports remote working and can allow real-time collaboration more effectively.

The platforms allow users to benefit from automatic updates, lower operational costs and greater flexibility than traditional software licences.

When is a SaaS agreement required?

When working with a SaaS platform, a clear agreement is just as important as the software itself.

A SaaS contract sets out the rights and expectations of both parties and ensures the relationship is legally compliant.

Without a comprehensive agreement, businesses risk operational disruption or financial loss.

Data protection obligations must also be carefully addressed to ensure compliance with regulations such as the UK GDPR.

Pricing, renewal terms and termination rights should also be clearly stated to prevent unexpected costs and make it easier for a business to switch providers if needed.

With the right legal support, providers and users can ensure their agreement is legally sound and reduce the risks of any potential disputes further down the line.

What are the risks of a SaaS agreement?

Although SaaS agreements can bring many benefits, there are potential risks that should not be ignored.

These can include:

  • Data protection and privacy risks where security measures are inadequate
  • Vendor lock-in, which can make it difficult or costly to switch suppliers
  • Disputes over service level if performance expectations are unclear
  • Intellectual property misunderstandings, particularly around ownership or usage rights
  • Operational dependency can bring challenges if the provider experiences downtime

If these issues are left unaddressed that can cause significant disruption.

Early legal advice is crucial when drafting an agreement so that all parties are protected.

Why is legal support needed for a SaaS agreement?

A SaaS agreement can effectively safeguard your company’s operations, data and long-term commercial interests.

Whether you are implementing a new SaaS platform or offering your own software to customers, our legal advisers can help review agreements and negotiate terms on your behalf.

We can help spot any hidden risks and check that your agreement is compliant with all relevant legislation.

For further support or advice on computer software and hardware agreements, contact our Business Law team.

What do the upcoming Enterprise Management Incentives (EMI) changes mean for your business?

What do the upcoming Enterprise Management Incentives (EMI) changes mean for your business?

The Autumn Budget 2025 announced some important changes to the UK’s Enterprise Management Incentives (EMI) regime.

These updates will allow more businesses access to one of the most tax-efficient and flexible employee share schemes available.

If your company has previously been too large to qualify or if you already operate an EMI scheme, these changes could impact your reward and retention strategy.

Our Supervising Department Director of the Company Commercial department, Matthew Johnson, explains what the changes coming into effect from April 2026 mean for your business.

What is an EMI scheme?

An EMI is a tax-advantaged share option scheme that is designed to help smaller, high-growth companies recruit and incentivise employees.

Under an EMI scheme, selected employees are granted share options and the right to acquire shares in the company at a fixed price, set at the date of grant.

If the company grows and the value of its shares increases, the employee can exercise their option at that earlier fixed price.

The main tax advantage is that growth in share value is generally subject to Capital Gains Tax and not Income Tax and National Insurance Contributions.

How are EMI schemes changing in April 2026?

The Autumn Budget 2025 brought some of the biggest changes to EMI schemes in years and this included:

  • Employee limit doubled – The maximum size of a qualifying company will increase from 250 to 500 full-time equivalent employees.
  • Gross assets threshold increased – The gross assets test will rise from £30 million to £120 million, allowing larger and more established businesses to qualify.
  • Higher overall option value limit – The company-wide cap on the value of shares under EMI options will increase from £3 million to £6 million.
  • Extending holding period – The maximum lifespan of EMI options will increase from 10 to 15 years and this extension will apply to existing EMI arrangements.
  • Simplified administration – From April 2027, the requirements to notify HMRC of EMI grants will be removed, but annual online reporting will remain in place.

What do the EMI changes mean for your business?

The changes open the door for many companies that were not eligible for the scheme before.

Businesses that were previously excluded due to their size or asset thresholds may now qualify.

This includes more capital-intensive or scaling companies that have grown beyond the old limits but still wish to offer equity-based incentives.

For companies already operating EMI schemes, the longer holding period provides greater flexibility in structuring long-term incentives.

The extended 15-year lifespan may be particularly valuable for businesses with longer growth cycles or succession planning on the cards.

How can we support your EMI scheme?

EMI schemes do offer appealing tax advantages, but the legal risks and strict qualifying conditions should not be overlooked.

Errors in structuring or documenting your scheme can put you and your finances at risk.

With the right professional support, you can be sure that your company qualifies for the EMI scheme and has compliant option agreements.

Our expert Company Law team can help prepare the legal documentation for your EMI, including joint elections and exercise notices.

We can also review and update existing schemes to reflect the new rules and ensure they are compliant.

The new EMI regime is a valuable opportunity for growing businesses and we want to ensure that your scheme is structured accurately.

If you need further advice on drafting or reviewing employee incentive and share schemes, contact our Company Law team today.