A FISHY CASE OF WILL VALIDITY
Liam O’Neill of LCF Law explores a bizarre legal case involving a will written on a fish finger box and what it teaches us about will validity and the law.
More than 60% of people are unaware of the legal requirements a will must meet to be valid – and yet if your will doesn’t comply with these rules, the consequences for your loved ones could be serious. They may miss out on their intended inheritance and face the added burden of costly legal disputes during an already difficult time.
A recent case highlights how crucial proper execution is – and the unusual circumstances in which a will may still be deemed valid. Malcolm Chenery, who passed away in 2021, left his entire estate – valued at £180,000 – to the charity Diabetes UK. His family challenged the will – not because of his inheritance choice, but due to the extraordinary way in which it was written.
Rather than being formally drafted, Mr Chenery’s will was scribbled on a Young’s Frozen Fish Fillets packet. When he ran out of space, he continued writing on a Mr Kipling Mince Pies box. As Mr Chenery’s signature and those of his witnesses appeared only on the Mr Kipling box, questions were raised about the will’s validity.
Under Section 9 of the Wills Act 1837, a will is legally valid if: 1) It is in writing; 2) It is signed by the testator (or by someone else in their presence and at their direction, if they are unable to sign themselves) and 3) It is witnessed by two independent individuals, who are present at the same time to acknowledge the signature.
Despite its unconventional format, the court ruled that Mr Chenery’s will was valid because both pieces of cardboard were written on in the same pen, suggesting they were created at the same time; the will clearly expressed Chenery’s intentions for how his estate was to be distributed; and the courts generally want to follow and uphold the will writer’s wishes if they can reasonably be established.
This case shows how flexible the law can be in upholding testamentary freedom, and also highlights the importance of complying with the Wills Act 1837 to avoid potential disputes and the costs incurred in obtaining a ruling from the court in cases where there is any doubt.
Whilst the Chenery case demonstrates that courts can validate even the most unconventional of wills, it is far safer and more effective to ensure that your will is drafted correctly from the outset.
LCF Law’s team of experts can assist you with all aspects of will drafting and estate planning to ensure your will is legally sound and protected from disputes.
If you are an executor or beneficiary unsure about the validity of a will, they can also provide expert guidance on whether it meets legal formalities and what steps to take next.
Personal law partner Liam O’Neill can be contacted on 01943 885786 or loneill@lcf.co.uk, or visit www.lcf.co.uk
Bradford
One St. James Business Park
New Augustus Street
Bradford
BD1 5LL
01274 848 800
bradford@lcf.co.uk
Harrogate
The Exchange, Station Parade
Harrogate
HG1 1TS
North Yorkshire
