August 5, 2026
Introduction: Why the Dangers of Home‑Made Wills Should Concern Every UK Adult
Every week at Matrix Estate Planning Ltd, I meet families who believe that writing a Will is simply a matter of filling in a form, signing it, and storing it somewhere safe. Many assume that as long as their wishes are written down, their estate will be distributed exactly as intended.
The Dangers of Home‑Made Wills are real, widespread, and often devastating. A Will is only valid if it meets strict legal requirements under the Wills Act 1837, especially the rules on execution and witnessing. If these rules are not followed precisely, the Will fails — even if it accurately reflects the testator’s wishes.
A recent High Court case, Peter Coady v Gerard Coady (2025), demonstrates the Dangers of Home‑Made Wills with painful clarity. It is a case every family should understand, because it shows exactly what can go wrong when a Will is drafted or witnessed incorrectly.
• What happened in the Coady case
• Why the 2020 Will failed
• How improper witnessing destroys otherwise valid Wills
• Why the Dangers of Home‑Made Wills are far greater than most people realise
• Why professional drafting prevents these problems
• What every UK adult should do now to protect their family
1. The Dangers of Home‑Made Wills: A Real Family Torn Apart
Kathleen Bernadette Coady died in 2021. She left behind two Wills:
• Appointed her son Peter as executor
• Left legacies to her three children and seven grandchildren
• Left the residue to Peter
• Appointed her other son, Gerard, as sole executor
• Left the entire residue to Gerard
• Included a memorandum explaining why other children were excluded
The 2020 Will dramatically changed the distribution of the estate. If valid, Gerard inherited almost everything. If invalid, the 2017 Will stood — and Peter inherited the residue.
This dispute went to the High Court in Birmingham in August 2025, becoming a textbook example of the Dangers of Home‑Made Wills.
2. The Dangers of Home‑Made Wills: When Execution Goes Wrong
• It is in writing
• Signed by the testator
• The signature is made or acknowledged in the presence of two witnesses present at the same time
• Each witness signs in the presence of the testator
These rules are strict.
There is no flexibility.
There is no “close enough”.
Did Mrs Coady sign or acknowledge her signature in the presence of both witnesses at the same time?
If not, the Will fails — regardless of intention.
This is one of the most serious Dangers of Home‑Made Wills: people simply do not know how strict the witnessing rules are.
3. The Witnesses: Their Evidence Revealed the Dangers of Home‑Made Wills
The two witnesses were neighbours: Edna and David Meeson.
Their evidence was clear, consistent, and ultimately decisive.
• Mrs Coady looked extremely ill, frail, “like a zombie”.
• She did not speak, acknowledge them, or show awareness of their presence.
• Edna did not see her sign the Will.
• Papers were folded or covered; she signed where Gerard pointed.
• She believed Gerard said a solicitor would “check it properly later”.
• She denied writing or signing the February 2023 “confirmation” document.
• Confirmed his mother’s account.
• Said Mrs Coady appeared “drugged up”, half asleep, unaware.
• He did not see her sign.
• He was “100% sure” she could not see them when they signed.
• He signed quickly due to Covid concerns and did not read anything.
• He said the February 2023 document did not look like his signature.
The judge found both witnesses:
• Honest
• Consistent
• Without motive to favour either brother
• Highly credible
4. The Defendant’s Account: A Story Undermined by the Dangers of Home‑Made Wills
Gerard claimed:
• He read the Will aloud to his mother
• She said “yes, fine”
• She thanked the witnesses
• She signed clearly in their view
• Nothing was folded or covered
• The February 2023 document was signed by the Meesons and forgotten in a box
The February 2023 document was particularly damaging:
• Names were misspelled
• Signatures were inconsistent
• Witnesses denied ever seeing it
• The judge found it unreliable and suspicious
This document highlighted yet another of the Dangers of Home‑Made Wills: people often create “fix‑it” documents later, which only make matters worse.
5. The Court’s Decision: The Dangers of Home‑Made Wills Can Overturn an Entire Estate Plan
The judge concluded:
• The witnesses did not see the testator sign
• The testator did not acknowledge her signature
• The witnesses signed documents they did not understand
• Papers were folded or covered
• The testator was not aware of the witnesses
• The February 2023 document was unreliable
The 2020 Will failed under section 9 of the Wills Act 1837.
The 2017 Will became the last valid Will.
This is a devastating outcome for Gerard — but it is the correct legal outcome.
It is also one of the clearest demonstrations of the Dangers of Home‑Made Wills in recent case law.
6. Why the Dangers of Home‑Made Wills Are So Serious
• Incorrect witnessing
• Incorrect signing
• Incorrect placement of signatures
• Ambiguous clauses
• Invalid gifts
• Missing executors
• No attestation clause
• No capacity assessment
• No protection against undue influence
• No tax planning
• No trusts
• No professional oversight
• The wrong people inherit
• Family disputes escalate
• Estates become expensive to administer
• Probate is delayed
• Relationships are destroyed
The Coady case is a perfect example of how the Dangers of Home‑Made Wills can overturn an entire estate plan.
7. How Professional Drafting Eliminates the Dangers of Home‑Made Wills
1. The Will is drafted correctly
• Clear structure
• Correct legal terminology
• No ambiguity
• No contradictions
• No invalid clauses
2. The Will is executed correctly
• The testator signs in front of both witnesses
• Both witnesses sign in front of the testator
• All parties understand what they are signing
• The Will is signed in the correct place
• Nothing is folded or obscured
• The testator acknowledges their signature
• The witnesses are independent and appropriate
3. The testator has mental capacity
I assess:
• Understanding of assets
• Understanding of beneficiaries
• Awareness of consequences
• Freedom from undue influence
4. The Will is stored securely
• Secure storage
• Copies for executors
• Clear instructions for probate
5. The Will is reviewed regularly
8. The Dangers of Home‑Made Wills: Hidden Risks Most People Never Consider
Many people use:
• Online templates
• Stationery shop Will kits
• Downloaded forms
• DIY instructions
• “Quick fix” solutions
• They do not explain witnessing rules
• They do not check capacity
• They do not prevent undue influence
• They do not ensure correct signing
• They do not consider tax implications
• They do not include trusts
• They do not protect vulnerable beneficiaries
9. The Emotional Cost of the Dangers of Home‑Made Wills
The Coady case is not just a legal judgment — it is a family tragedy.
Two brothers ended up in court.
Witnesses were dragged into litigation.
Accusations were made.
Relationships were damaged.
The estate was delayed.
Costs were incurred.
This is exactly what the Dangers of Home‑Made Wills look like in real life.
10. What You Should Do Now to Avoid the Dangers of Home‑Made Wills
If you do not have a Will — or if your Will is homemade, outdated, or unsigned — you should act now.
Step 1: Arrange a professional consultation
A Will should be drafted by a qualified practitioner who understands the law and your personal circumstances.
Step 2: Review your existing Will
• Validity
• Execution
• Tax efficiency
• Trust structure
• Beneficiary protection
Step 3: Ensure correct witnessing
Step 4: Store your Will securely
I provide secure storage and ensure your executors know where your Will is kept.
Step 5: Review your Will every 3–5 years
Life changes — your Will should change with it.
These steps eliminate the Dangers of Home‑Made Wills completely.
The Dangers of Home‑Made Wills are not theoretical — they are real, costly, and often devastating. The Peter Coady v Gerard Coady case shows exactly what can go wrong when a Will is not drafted or witnessed correctly.
• Your Will is legally valid
• Your wishes are protected
• Your family is safeguarded
• Your estate passes smoothly
• Your Will cannot be challenged on technical grounds
Make sure it is drafted — and witnessed — professionally.
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