Comedian's homemade will case finally concludes

Sean Hughes, the well-loved Irish comedian, was a lifelong supporter of the charity Shelter. When he passed away at the age of 51, his homemade will left his properties, with a total value of around £4 million, to charity. But why was there a court case after he died?

What did Sean Hughes' Will Say?

Mr Hughes left a homemade will, which he had created himself using an online will writing service. In his will, Mr Hughes said he wanted to leave "my three houses to Shelter". On the face of it his intentions seemed clear - he wanted the charity to benefit from the properties he owned after his death. However, there were legal uncertainties arising from the wording of the will, as two of the properties he referred to were owned by a company, and only one was registered in his personal name.

Mr Hughes was the sole shareholder in the company which was the registered owner of the two properties. 

None of Mr Hughes' family sought to contest his wishes, but before ownership of the three properties could be transferred to Shelter, a court ruling was required to adjudicate upon what he had actually meant when he wrote his will. 

The High Court Master who dealt with the case concluded that the shares in the company which owned the two properties, as well as the other house, should be transferred to Shelter, but it took nearly ten years after Mr Hughes passed away, to get to that point. 

Are home made Wills legally binding?

Home made wills are legally binding, but this case highlights the difficulties which can arise when imprecise or ambiguous language is used to describe someone's last wishes.

Although Mr Hughes' final wishes were finally upheld by the Court, and ownership of the three properties passed to Shelter, this was only after legal costs and delays to the administration of his estate, which must have been distressing for his loved ones and the charity he supported all his life. 

What problems arise from home made wills?

There are several problems which can arise when someone write a will themselves, including:

• uncertainty and delay if the terms of the will have not been drafted in a legally precise manner, such as in Mr Hughes' case, and a ruling from the Court is required to determine what the will actually meant;
• likely disputes between beneficiaries about who should inherit under a will, particularly if children are not being treated equally, or if someone is left out by accident;
• failing to provide for a spouse, which means they could challenge the will;
• not updating a will properly if circumstances change, such as a the death of an intended beneficiary, or marriage (which would have the effect of cancelling any earlier will); and
• failing to take advantage of tax benefits which might be available, meaning that higher inheritance tax than necessary needs to be paid by loved ones.

All of the above would undoubtedly lead to increased costs associated with administering the estate, which would reduce what the beneficiaries are able to inherit. 

Can home made wills be declared invalid?

In certain circumstances, home made wills can be declared invalid. This could be for many reasons, including:

• the will has not been signed or witnessed properly;
• the terms of the will are so unclear as to make it impossible to understand what was intended; and 
• failing to identify assets properly (as in Mr Hughes' case) where the legal ownership of property was not straightforward.

If a will is declared invalid, the estate of the deceased would either be dealt with under any earlier will (which may no longer reflect what the person intended) or be dealt with under the intestacy rules. 

Can I write my own will?

Yes, you can write your own will, but the risks of doing so are fairly high. If you do not comply with all of the legal formalities of will drafting, there is a strong chance that your loved ones and beneficiaries become involved in a dispute after your death, which would be costly and time consuming, as well as potentially damaging family relationships.

If you do want to write your own will, it is a good idea to ask a lawyer to check it for you, to make sure that it is legally binding. 

The best way to draft your will

The very best way to draft your will, is to instruct a qualified solicitor to do it for you. Solicitors are experienced legal professionals, who ensure that your will is drafted and executed properly. There are many unqualified will writers who offer to draw up low-cost wills, which often lead to disputes. This can all be avoided if you instruct a solicitor to draft your will and ensure that it is signed and witnessed properly. 

If you need to get a solicitor to prepare a will, or if someone has died and their will makes no sense, we will be able to help.

Speak to one of our legal experts today to discuss how we can help you.