Will written on food box found valid

The recent High Court decision concerning the estate of Malcolm Chenery offers valuable insights into the application of the Wills Act 1837 and highlights the flexibility of courts in upholding a testator’s intentions. The case demonstrates the importance of adhering to statutory requirements, while also addressing the risks posed by unconventional will formats.

Malcolm Chenery’s estate, valued at £180,000, included a three-bedroom house, cash, jewellery, and an extensive collection of ornaments and pottery. Chenery explicitly excluded his sisters and nieces due to strained familial relationships, instead leaving his estate to Diabetes UK, a cause tied to his family’s history with diabetes.

However, the will – written shortly before his death by suicide in 2021 – was unorthodox in form, being scrawled on two separate pieces of food packaging: a box for Young’s frozen fish fillets and another for Mr Kipling mince pies. Compounding the issue, only the second page of the will had been witnessed by neighbours, raising doubts about its compliance with legal formalities.

Under Section 9 of the Wills Act 1837, a will is valid if:

1. It is in writing.
2. It is signed by the testator (or signed at their direction 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.

Despite the unconventional format, the High Court ruled that Chenery’s will met these requirements. Key considerations included:

• Both pieces of cardboard were written in the same pen, suggesting they were created contemporaneously.
• The will unambiguously outlined the testator’s intentions, which were corroborated by the absence of a challenge from family members.
• Courts traditionally seek to avoid intestacy when the testator’s wishes can be reasonably ascertained.

While the Chenery case demonstrates that courts can validate unconventional wills, such cases invite uncertainty and risk. Practitioners should strongly advise clients to draft wills in a legally recognised format to minimise disputes. The partial witnessing of the will highlights the role of ensuring all statutory witnessing formalities are observed.

Charities, often reliant on inheritance gifts, may encounter similar disputes when wills are informal or unclear. Legal advisors to charities should emphasise the importance of robust documentation to safeguard legacies.

The case reinforces the court’s willingness to prioritise the testator’s intent over formality when statutory requirements are substantially met. However, relying on this flexibility should be a last resort rather than a strategy.

Conclusion

The Chenery case illustrates the enduring importance of the Wills Act 1837 while highlighting the courts’ discretion to interpret unconventional documents. Practitioners must continue to stress the benefits of formal will drafting, not only to uphold the client’s wishes but also to avoid disputes that can erode the value of an estate. Clear documentation, thorough witnessing, and professional guidance remain the fundamentals of effective estate planning.