Can a will be written on a box of mince pies? This was the unusual questions which the Court had to deal with in respect of the Estate of Malcolm Chenery.
Background
Malcolm Chenery died by suicide in 2021, leaving his entire estate worth £180,000 to Diabetes UK.
Mr Chenery had written his Will on the back of a Young’s frozen fish box and a Mr Kipling mince pies box. He asked his neighbours to witness the signing of the second page.
This resulted in the issuing of court proceedings regarding the validity of the Will on the grounds that it is unclear whether the Will could be valid if it was on two separate boxes as it does not appear as if it is from the same document.
Judgment
The Judge at the High court held that the Will was valid in accordance with the Wills Act 1837.
The barrister for the case, Sam Chandler, stated that the family of the deceased supported the charities claim as diabetes runs in the family.
He also stated how the two pages of the Will were written with the same pen, which strongly indicates that they were made at the same time. The subject of the Will had also overlapped onto the next page.
Chandler mentioned that intestacy (dying without a valid will) should be ruled out as it goes against the testator’s intentions based on what his family have said about his intentions.
The Judge concluded that it would be presumed that the testator “had not intended to die intestate”. The judge was also satisfied that the two separate documents could be admitted to probate in solemn form.
Conclusion
This case highlights the importance of the requirements included within the Wills Act 1837 when determining the validity of the Will.
Although the Wills Act 1837 was significant in determining the validity of the Will in this case, we don’t advise our client’s to prepare their own wills on cardboard boxes or on any other medium. It is always recommended to have your Will drafted by a professional to help avoid later problems.
