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written will

From Fish Fingers to Fortune

17 December, 2024 3 minutes reading time


Charity Wins in Unusual Will Case

A recent High Court case involving a Will written by hand on the back of two food boxes (one that had contained Young’s frozen fish and the other Mr Kipling’s mince pies) has resulted in a significant windfall for a charitable organisation. This unusual case highlights the importance of clear testamentary intentions and the potential pitfalls of unconventional Will writing.

The Case of the Food Box Will

The estate of Malcolm Chenery, the deceased, included a three-bedroomed semi, jewellery, cash and an extensive collection of ornaments and pottery. He wrote his Will, shortly before his suicide in 2021, on the back of two food boxes, leaving his entire estate, valued at £180,000, to Diabetes UK. He had a strained family relationship with his sisters and niece and excluded them from any inheritance.

This unusual choice of writing material prompted questions about the Will’s validity. This concern was further compounded because Mr Chenery had written the Will in capital letters. Furthermore, only the second page of the two-page handwritten ‘document’ had been witnessed by his neighbours.

What Makes a Will Valid?

In England and Wales, a valid Will must comply with section 9 of the Wills Act 1837 to qualify. It must be:

  • In writing
  • Signed by the person (over 18) whose will it is (known as the testator)
  • It must be clear that the individual wants this document to be the official instruction for what happens to their belongings after they die.
  • Witnessed by two people in front of the individual

High Court Decision

In this case, Diabetes UK’s claim was challenged because the informal handwritten Will was spread across two separate pieces of packaging. The details could not automatically be read as the same document.

Nevertheless, various family members supported Mr Chenery’s bequest, explaining that diabetes ran in the family. According to Diabetes UK’s barrister Sam Chandler, “the principal issue for the court to consider” was whether the two pieces of cardboard “can be admitted in solemn form to probate.”

The court upheld Mr. Chenery’s wishes, as he clearly intended the writing on the food boxes to be his Will. The fact that both pages were written with the same pen supported this, suggesting they were written together.

Consequently, acknowledging she was “satisfied that the two documents should be admitted in solemn form to probate as the last Will of the deceased”, Judge Katherine McQuail ruled that the Will was valid.

The Risks of Unconventional Wills

This case shows that even though the court upheld Mr. Chenery’s wishes, writing your Will in an unconventional way can cause problems. It can lead to more scrutiny, delays in estate distribution, and extra costs.

Our Advice

Preparing and executing a homemade, handwritten Will poses a genuine risk of challenge. If the Will is ruled invalid, an earlier will can be admitted to probate. Alternatively, if no earlier Will exists, the estate is administered according to intestacy rules.

Furthermore, there could be unintentional financial ramifications, from unnecessary inheritance tax liabilities to costly litigation. Perhaps most importantly, the estate risks being distributed contrary to the testator’s wishes. However, taking specialist legal advice when making a Will can help prevent the problems of homemade, handwritten, or DIY Wills.

If you have any questions about making a Will or any issues we’ve raised here, please get in touch. We’re here to help.

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.

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