Does it matter what a Will is written on?

Thinking about making a Will? Where should you write it?

A recent case saw the High Court deem a Will valid despite being written on two cardboard food packets. 

Malcolm Chenery, who died in 2021, left his £180,000 estate, including a three-bedroom house, jewellery, cash and an extensive collection of ornaments and pottery, to Diabetes UK.

Chenery’s unusual way of imparting his final wishes was via the back of a Young’s frozen fish packet, and a Mr Kipling mince pies box, which was considered valid by a High Court Judge in accordance to the 1837 Wills Act, and could be submitted to Probate.

Jennifer Robinson, solicitor in Wake Smith Solicitors’ private client team looks at the case and law.

This article covers:

• The case
• Making a valid Will?
• What should you include in your Will?
• Do you need legal assistance to make a Will?
• Your next move

The case

The unique way Chenery had written down his final wishes was across two food packaging boxes; a Young’s frozen fish box, and a Mr Kipling mince pies’ box, meant Diabetes UK faced a legal battle to inherit the estate.

The charity’s claim was challenged because the informal Will was spread across two separate pieces of packaging. The details written on the fish fillets’ box, specifying that the house and contents should go to the charity, could not automatically be read as being part of the same document.

The charity said the two pages were written in the same pen, indicating they were made at the same time with overlapping subject matter.

The High Court judge ruled the unconventional document was valid in accordance with the requirements of the 1837 Wills Act and could be submitted to Probate.

Chenery wrote the Will shortly before his death in 2021 with neighbours witnessing the signing of only the second page.

The charity’s barrister said the charity’s claim to the bequest was uncontested and had the “support of family members” with various family members explaining diabetes ran in the family.

The judge ruled that it was presumed Chenery “had not intended to die intestate” and added she was “satisfied that the two documents should be admitted in solemn form to probate as the last will of the deceased”.

Making a valid Will

For your Will to be legally valid, in accordance with the Wills Act 1837, you must:

• be aged 18 years or over
• make it voluntarily
• be of sound mind
• make it in writing (physical writing; an electronic document that is e-signed is currently not valid)
• sign it in the presence of two witnesses who are both over 18 years; and
• have it signed by your two witnesses, in your presence

If a Will is found to be invalid, then your estate will be distributed according to a previous valid Will. If there wasn’t a previous Will, then your estate will be distributed as if you had never made a Will. This is known as dying intestate and your estate will be divided in line with the Rules of Intestacy.

What should you include in your Will?

Your Will should set out:

• who you want to benefit from your Will
• who should look after any children under 18
• who is going to sort out your estate and carry out your wishes after your death (your executor)
• what happens if the people you want to benefit die before you
• You can also include a charity in your Will.

There aren't any rules on the structure of your Will, and in theory, you could write it on any piece of paper, but it is strongly encouraged to seek specialist advice to ensure your Will is clear.

If the Will is unclear or ambiguous, the Executors may need to make an application to the Court for the Court to determine how they believe you intended to leave your estate.

This can result in costly legal disputes and, at worse, the gift in the Will could be rendered void.

 

Do you need legal assistance to make a Will?

You do not necessarily need legal assistance to make a Will, but as above, it is strongly recommended to seek specialist advice to ensure your final wishes can be carried out, particularly if your estate is not straightforward.

Examples of a complicated estate can include (this list is not exhaustive):

• your assets exceed the Inheritance Tax threshold (up to £1 million, subject to certain criteria)
• you have business interests
• you have agricultural interests
• you own assets outside of England and Wales
• you own assets with someone who is not your husband, wife or civil partner
• you want to leave money or property to a dependant who cannot care for themselves
• there is a risk of someone making a claim against your estate, such as an estranged child, children from a previous relationship or former spouse
• your permanent home is outside of the UK

 

Your next move

For professional advice about estate planning and Wills please contact Jennifer Robinson at Wake Smith Solicitors on 0114 224 2084 or email [email protected]

Find out more about our Estate Management, Wills and Probate services

Published 14/01/25