The danger of trusting an online system when writing a Will has been demonstrated once again in a recent court decision. Almost ten years after his death, the £4m estate of comedian, Sean Hughes, has now been left to homelessness charity Shelter, after a long legal dispute over his handwritten will.
The issue
Mr Hughes prepared his Will (using an online platform) and in it he stated that he wished to leave “my three houses to Shelter” – a homelessness charity. It did not appear that he obtained legal advice when drafting his Will.
At the time of his death in 2017, he only owned one property in his name and the two others were owned by a private company, where he was the sole shareholder. The strict interpretation of the law meant that the two houses owned by the private company would not be included in the legacy, so would not have gone to Shelter, as Mr Hughes’ had wished.
Although it seems Mr Hughes’ family and his executor agreed what he had intended should happen, the matter had to go to the High Court so that a judge could rule on the correct meaning of the Will. In a short hearing in March 2026, the judge confirmed that all three properties should go to Shelter.
Matters might have been handled in a simpler, quicker way in Scotland where we might have taken a more pragmatic approach. But it would still not have been straightforward.
Lessons to be learned
The family of Mr Hughes published a statement emphasising the work of the charity, how close its aims were to Mr Hughes, and concluded, “'We are immensely proud of Sean's legacy and hope this gift will encourage others to think of people less privileged when making their final plans (ideally with at least a teeny, tiny bit of legal advice!).”
The key lesson, as highlighted by Sean’s family, is the value of legal advice and a properly written Will. A Will is one of the most important documents a person can ever have. It confirms what you want to happen after your death. Making sure it reflects your wishes accurately and avoids dubiety, uncertainty or dispute is vital. Having a solicitor involved, with their experience and the protections cannot be underestimated.
With the increase in AI and generically worded options available online, this case is a salient lesson of the risks of not getting a Will properly prepared by a solicitor. For almost 10 years Mr Hughes’ wishes were not fulfilled, not to mention the additional legal costs that would have been incurred in sorting things out. It shows what can go wrong, even when it may seem obvious what someone wanted to happen. For a small cost of getting proper advice, Mr Hughes’ estate could have been sorted years’ ago.
If you have any questions about preparing a Will or would like to discuss making a Will, get in touch with our specialist Private Client team on 03330 430150.
