The well loved Irish comedian Sean Hughes sadly passed away in 2017, leaving behind an estate of approximately £4 million. This included his main residence, estimated to be worth £1.8 million and two additional properties together estimated to be valued at £2.15 million.
The Problems With a Homemade Will
Sean’s Will was home-made, and it left “my three houses to Shelter” but at the time of his death only one of the three properties was owned in Sean’s personal name. The other two properties were owned by a company of which Sean was the sole shareholder.
Sadly, Sean’s estate is an example of some of the problems that preparing a home-made Will can lead to.
Sean’s estate had to be referred to the Court for a decision on how the estate should pass. Only now, almost 10 years after Sean’s death, has the dispute been concluded.
Why a Home-Made Will Can Be Invalidated Simply Due to the Choice of Wording
The issue with Sean’s choice of wording for the gift of the three houses to Shelter, is that strictly speaking only the one owned in Sean’s personal name was covered by this wording. The two properties owned by the company would fall into the residue of Sean’s estate, as technically they were not “his” houses, they were assets of the company.
The issue for the Court to consider, was whether the company shares (and therefore the properties owned by the company) should pass to Shelter along with the other property which was held in Sean’s personal name.
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Sean Hughes left Three Properties to Shelter in his Homemade Will
Sean had been a long term supporter of the charity Shelter, and his family wished that all three properties should pass to Shelter.
The Court agreed that it was Sean’s intention that all three properties were to pass to Shelter and therefore this is what was ordered.
Sean’s family described him as a “great and generous comedian” who was “horrible at admin.” They went on to state that “we hope that Sean’s legacy will encourage others to think of people less privileged when making their final plans (ideally with at least a little bit of legal advice!)”.
What Are the Risks of Making a Homemade Will?
Sean’s case took almost 10 years and significant expense to be concluded, however these cases are becoming more common with the progression of technology and AI making it feel easier than ever to prepare your own Will.
Some of the common problems with homemade/AI made Wills are:
- Partial intestacy, where gifts fail or do not cover all the assets that the testator intended to be covered due to poor or ambiguous wording.
- Complexities of business assets etc not being fully understood and therefore not correctly provided for in the Will.
- Misunderstandings around how different jointly owned assets will pass upon death and when additional steps need to be taken to ensure that joint assets pass how the testator wishes.
- AI cannot accurately assess a person’s capacity or their mental state when they are making their Will, leaving home made Wills more open to challenge than solicitor prepared Wills where stringent records are kept regarding the making of the Will.
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Contact our Wills & Probate Solicitors for Advice
At Thornton Jones we can assist you to prepare a legally valid Will to ensure that your estate passes to those that you wish to benefit. If you would like to make an appointment to discuss this further, please call one of our offices to arrange an initial consultation.
If you need assistance or advice you can contact our team today on 01924 290 029 or contact us using our online enquiry form.
Wills & Probate FAQs
Homemade wills can lead to serious legal issues, including unclear wording, missed assets and partial intestacy. As seen in Sean Hughes’ case, this can result in lengthy court proceedings, delays in distributing the estate and significant legal costs. Thornton Jones say that even well-meaning DIY wills can cause long-term complications. A professionally drafted will ensures your estate is protected and your wishes are clearly followed.
Yes, a will can be challenged if its wording is ambiguous or does not clearly reflect the person’s intentions. Courts may need to interpret the will, which can be time-consuming and expensive, potentially delaying the distribution of the estate. At Thornton Jones Solicitors we often see wills delayed or disputed because key details were overlooked. Seeking professional guidance from an experience and qualified solicitor can prevent unnecessary stress for your loved ones.
A solicitor ensures your will is legally valid, clearly drafted and covers all of your assets, including complex arrangements like business ownership. They also assess capacity and keep detailed records, helping to reduce the risk of disputes or challenges after death. At Thornton Jones, we make sure every will is tailored to the client’s circumstances, providing clarity, security and peace of mind.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
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