Will written on food boxes declared valid by High Court

• Wills, Trusts & Probate

The validity of a will is often contested for a number of reasons. The more unorthodox the will, the more likely it is it will lead to a will dispute. This is particularly true of a very recent will dispute, decided upon by the High Court, which has attracted a significant amount of media attention due to its more than unusual circumstances.

The will in question, written by Malcolm Chenery, was written shortly before his death by suicide in 2021. The unconventional will was handwritten on two separate pieces of food packaging: a box for Young’s frozen fish fillets and another for Mr Kipling mince pies.

In this will, Malcolm Chenery had left his £180,000 estate to Diabetes UK, explicitly excluding his sisters and nieces. He had also, and (raising further questions) appeared to have had only the second page of the will witnessed.

After deliberating over the case, the High Court decided that the will was indeed valid. This decision was based on the Wills Act 1837 which outlines the specific requirements for a will to be legally valid in England and Wales.

According to Section 9 of the Wills Act 1837, a will is deemed valid if:

1. It is in writing.
2. It is signed by the testator (or, if this is not possible, signed at their direction and in their presence).
3. The signature demonstrates the testator’s intent to give effect to the will.
4. It is witnessed by two individuals who are present at the same time to witness or acknowledge the signature.
5. The witnesses each sign or acknowledge their signatures in the presence of the testator.

Based on the above, the High Court felt that Malcolm Chenery’s will met the criteria sufficiently enough to be deemed valid and legally binding. It helped the case that Mr Chenery’s family did not dispute the will, and also that both pieces were written in the same pen and had overlapping subject matter.

While in the end Malcolm Chenery’s wishes were played out, it is very clear that going this route leads to uncertainty and risk. It also caused significant delays and costs to the administration of the estate.

If you want to ensure your assets are inherited by those you choose then you should always seek advice and support from a recognised legal professional. By using a legally recognised format you reduce the chances of a dispute or being deemed as intestate (dying without a valid will in place).

If you need advice regarding your will, then call GA’s wills, trusts and probate department by calling 01752 203500 or email enquiries@GAsolicitors.com.

Recognised in The Legal 500 and Chambers High Net Worth, you can be assured you are in the best possible hands.

If you would like to dispute a will, then you can contact our will disputes team by calling 01752 203500 or using our contact form.

You can also read our interesting article on DIY Wills.

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