The risks of DIY wills – the estate of the late Sean Hughes

At the centre of the dispute was a clause in the homemade Will in which Hughes bequeathed ‘my three houses to Shelter’. Only one of the properties was owned in Hughes’ personal name; the others were owned through a company of which he was the sole shareholder.

The Will had to be referred to the High Court to deliberate over Hughes’ intentions. Master Iain Pester concluded that correct construction of the Will was that the shares in the company holding two of the properties, as well as Hughes’ main home pass to Shelter. Had this decision not been reached, the two properties owned through a company would have passed into Hughes’ residuary estate to be held on trust for his wider family.

On reflection, the uncertainty, delays and costs of this lengthy dispute over the precise interpretation of Hughes’ wishes could all have been avoided if a solicitor had been engaged to provide advice and oversee the preparation of the Will.

Another key issue is the failure to anticipate changing circumstances. Homemade wills are often drafted at a single point in time and not revisited, meaning they may not account for future changes such as new assets, altered ownership structures, or evolving family situations. A solicitor, by contrast, will not only draft the document correctly but also advise on keeping it up to date.

Tax planning is another area where “DIY wills” frequently fall short. Inheritance tax liabilities can often be reduced or in some cases avoided through careful structuring. Without expert guidance, opportunities for tax efficiency may be missed, potentially reducing the value of the estate passed on to beneficiaries.

There is also the risk of invalidity. Homemade wills must comply with strict legal formalities, including proper signing and witnessing. Errors in execution can render a will wholly or partially invalid, leaving the estate to be distributed under intestacy rules rather than according to the deceased’s wishes.

Instructing a solicitor provides a safeguard against these issues. A professionally drafted will ensures clarity, accuracy, and legal compliance, while also considering more complex matters such as property ownership, business interests, and tax implications. It also offers peace of mind that your intentions will be carried out as planned.

Ultimately, while a homemade will may seem like a cost-effective solution, the potential consequences can be far more expensive both financially and emotionally for those left behind. As the decade-long saga of the late Sean Hughes’ estate demonstrates, investing in professional advice is not simply a formality; it is a practical step towards ensuring that your affairs are handled smoothly and your wishes respected.