Will written on food box found valid

A High Court judge has recently ruled that an unorthodox Will written on food packaging – specifically a frozen fish packet and mince pie box – valid and can be submitted for probate.

Elisabeth Chattin, Paralegal working with our Wills, Probate & Inheritance team, reports on this recent case.

Shortly before his death in 2021, Malcolm Chenery wrote his final wishes on the back of a Young’s frozen fish packet and Mr Kipling mince pie packet.  He left his property and household contents, worth approximately £180,000, to Diabetes UK who, with the full support of Mr Chenery’s family, have succeeded in proving the Will satisfies the requirements of the 1837 Wills Act. 

Under the 1837 Act, a Will must be written and signed by the testator (the person making the Will) in the presence of two independent witnesses, who must also sign.  The testator must also have the required capacity to understand the implications of their Will, as well as intention to make the particular gifts under their Will. 

The main focus of the case was around whether the two packets could be considered as a single, comprehensive Will, despite only the second having been signed and witnessed by his neighbours.  It was argued by Diabetes UK’s barrister, Sam Chandler, that Mr Chenery had written on the packets with “the same pen” indicating “they were made at the same time.”  The court agreed that the two packets should be treated as a single document. 

With a history of diabetes, Mr Chenery’s family supported the claim and said the choice of beneficiary was not surprising.  Mr Chandler accordingly reasoned that the court should try and avoid intestacy where there was clear intention of wishes, despite the unconventional medium used to record those wishes.  Intestate estates (where a person dies without a valid Will) often result in assets being distributed to relatives the testator would not have intended to benefit. 

Judge Katherine McQuail agreed that the Will met the minimum legal requirements and showed clear intent against the estate falling under the intestacy rules.  Diabetes UK will now inherit the entire estate.

Whilst the courts in this case honoured the testator’s intention despite the unconventional medium used, Mr Chenery’s case serves as a reminder of the importance of clear communication in the estate planning process.  The cost to an estate and time involved in proving an unconventional will in court are significant compared to preparing a will with the assistance of expert professionals during your lifetime.  

For more information about the issues raised in this article, please contact Elisabeth on 01768 862326 or click here to send her an email.