How to ensure your will is valid: Lessons from an unusual case
A valid will is essential to ensure that your wishes are carried out after you have died. However, over 60% of the population are unaware of the legal requirements a will must meet to be legally enforceable. A recent case highlights how crucial proper execution is - and the unusual circumstances in which a will may still be deemed valid.
A fishy case of will validity
The case of the late Malcolm Chenery, who passed away in 2021, serves as a fascinating example of how courts interpret the law on wills. Chenery left his entire estate - valued at £180,000 - to the charity Diabetes UK. However, the will was challenged by his family, not because of the inheritance choice, but due to the extraordinary way in which it was written.
Rather than being formally drafted, Chenery's will was scribbled on an empty packet of Young's Frozen Fish Fillets. When he ran out of space, he continued writing on an empty box of Mr Kipling Mince Pies. The unusual nature of this document raised serious questions about its validity, particularly since only the signature on the Mr Kipling box was witnessed.
Understanding the legal requirements for a valid will
Under Section 9 of the Wills Act 1837, a will is legally valid if:
- It is in writing;
- It is signed by the testator (or by someone else in their presence and at their direction, if they are unable to sign themselves);
- It is witnessed by two independent individuals, who are present at the same time to acknowledge the signature.
The court’s decision
Despite its unconventional format, the court ruled that Chenery's will was valid. The key factors in this decision included:
- Both pieces of cardboard were written 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.
- Courts generally want to follow the will writer’s wishes if they can reasonably be established.
This case shows how flexible the law can be in upholding testamentary freedom, but it also highlights the importance of complying with the Wills Act 1837 to avoid potential disputes.
Ensuring your will stands the test of time
Whilst the Chenery case demonstrates that courts can validate even the most unconventional wills, it is far safer and more effective to ensure that your will is drafted correctly from the outset.
At LCF Law, our 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, we can also provide expert guidance on whether it meets legal formalities and what steps to take next.
Expert legal support
If you wish to ensure that your will is valid and complies with the Wills Act 1837, or you are an executor of somebody’s estate or a beneficiary and are uncertain whether the will meets the legal formalities, we can help.
Here at LCF, we have a team of experts ready to assist with all your will-related needs.
Liam O’Neill is a partner in our personal law team who has significant experience of dealing with disputes relating to the validity of wills. He is a member of the Association of Contentious Trust and Probate Specialists (ACTAPS), reflecting his expertise in this area. He also has a regular wills and probate practice, giving him a strong overview of both sides.
If you would like assistance in contesting a will, he can guide you through all aspects of the investigation process. Working with the team and other specialists, he will consider all the evidence to maximise your chances of success, whatever that looks like for you.
Contact Liam on 01943 885 786 or by email at ku.oc1745015923.fcl@1745015923llien1745015923ol1745015923.
