Unconventional will on food packaging upheld by High Court

In a highly unusual and much-reported legal case, the High Court has ruled that a will which was handwritten on the back of two pieces of food packaging was valid, allowing the charity Diabetes UK to inherit an estate valued at £180,000.

Hayley Gaffney, Associate on the Dispute Resolution team, explores this case.

The unconventional will

In 2021, Malcolm Chenery died, leaving behind a three-bedroom house, jewellery, cash and a large collection of ornaments and pottery. However, the unusual format of his will, which was written on two separate pieces of cardboard – one from a Young’s frozen fish fillets box and another from a Mr Kipling mince pies package – led to a court having to rule on its legitimacy, even though the will was not being contested.

The key legal question was whether the two pieces of packaging, only the second of which was signed and witnessed, could be read as a single document and a valid will.

The court heard how Mr Chenery had written on the first piece of packaging his wish that his home and belongings should be left to the charity. However, only the second piece of cardboard packaging had been signed in the presence of his neighbours as witnesses.

The barrister representing Diabetes UK argued the evidence suggested both pages were created in the same handwriting, at the same time and should be considered together as one legally binding document.

The ruling

High Court Judge Katherine McQuail agreed and ruled that despite the fragmented nature of the document, it met the requirements of and was valid under the Wills Act 1837 and the pieces could together be entered into Probate.

Under 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.
3. The signature clearly indicates 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.

As a general principle, the courts will, where possible, seek to uphold what they believe to be the deceased’s intentions rather that allow estates to fall under the rules of intestacy.

In this case the claim brought by Diabetes UK was aided by the fact it was supported by Mr Chenery’s family, who said it was what he would have wanted, especially given many members of the family had been affected by diabetes.

The importance of a proper will

While this unusual case demonstrates that courts are prepared to validate unconventional wills, it also serves to highlight the importance of having a properly made and executed will, ideally by a professional.

Preparing a formal will on standard paper – or seeking professional assistance to do so – remains the best way to ensure that a person’s wishes are followed and that their estate can be administered smoothly, avoiding the potential delays and costs of a court intervention.

For more information about making a will, you can read our handy guide here. To contact a member of the Wills, Probate and Trusts team, call us on 0800 328 3282. If you have a dispute over an unconventional or any will, you can contact our Inheritance and Trust Disputes Team on 0800 328 3282.