Hidden risks of homemade Wills

Richard Wilson, Senior Associate

Following a survey of over 2,000 people in August 2025, the National Will Register’s ‘National Wills Report 2025’ suggests that, among people who have a Will, 14% used a DIY Will kit.

Case study: Sean Hughes’ Will and the “three houses” dispute

The late comedian Sean Hughes fell into that category and a recent case concerning his estate exemplifies some of the risks associated with homemade Wills.

Mr Hughes’ Will included the words that he wanted to leave his “three houses” to the charity Shelter. Crucially, only one of those houses was owned by Mr Hughes personally, the other two were owned by a company he controlled. If a limited company owns a property, the property is the company’s asset and cannot be given away in your Will even if you control that company.

Executors can be at personal risk if they distribute the assets of an estate on the basis and, out of caution, the Executors of Mr Hughes’ estate applied to the Court to clarify how the Will was to be interpreted. Not only did this incur additional legal costs for the estate but also delayed conclusion of the administration of the estate by almost 10 years. The Court ultimately construed Mr Hughes’ Will to give effect to his intention by extending the gift of the houses to include the company shares, so that Shelter then took effective ownership of all three houses.

Ambiguous wording and the risk of disputes

Uncertain wording is not uncommon in homemade Wills and can give rise to serious disputes about how assets are to be distributed causing families, charities and executors a great deal of time, cost and stress.

Common pitfalls: invalidity, overlooked assets and increased scope for challenge

We have also experienced other issues with homemade Wills which include getting the formalities wrong (which can leave a Will invalid), failing to deal with all assets (which then pass in accordance with the Intestacy Rules rather than the wishes of the deceased), and not anticipating potential changes such as when a beneficiary dies, a property is sold or a relationship changes (resulting in unexpected outcomes). Compared with a Will drafted by a solicitor, a DIY Will is more likely to be challenged on the grounds of the testator’s capacity or undue influence, as it lacks the safeguards and professional oversight that solicitors provide.

Kuits can assist you in avoiding the uncertainty of a homemade Will by preparing clear, properly drafted, and enforceable Wills that reflect what you want to happen.

If you want to challenge or defend a homemade Will, our contentious trust and probate team can advise on the best route forward, whether that involves early negotiations/mediation or pursuing a claim at Court.