Unconventional Wills: Do they ever hold up in court?

25 September 2026

Sometimes a Will isn’t decided in a solicitor’s office. Sometimes it is written on the back of packaging or on an ostrich egg.

While it might seem as though some Wills are more valid than others, there is legal basis for unconventional Wills being considered viable.

Though you should still get your Will professionally written, it is worth understanding what you should do if you discover a loved one’s Will is written on Post-it notes across their complete collection of Doctor Who DVDs.

What is the legal precedent for unconventional Wills being considered valid?

In 2024, a major ruling by the High Court saw the estate plan of Malcolm Cherry upheld. Mr Cherry had left his entire estate plan on the back of a packet of frozen fish and an empty box of Mr Kipling mince pies.

The £180,000 estate was taken to court by his estranged family and the defence was stumped on one issue.

Only the mince pie box was properly witnessed by Malcolm’s neighbours, not the frozen fish box.

When the issue landed in court, the court decided to uphold the Will after forensic analysis showed both pieces of cardboard were written with the same pen at the same time, proving it was a single cohesive document.

While this may sound wacky, a canal boat pilot, John Barnes, wrote his final wishes on an ostrich eggshell.

The eggshell Will was not held up in court due to the fact that he had a previous Will that was more detailed and formal than the eggshell Will.

However, the court raised no issue with the fact that the Will was written on an ostrich egg, as the court recognises that writing does not automatically require paper.

While there is evidently legal precedent for unconventional Wills being valid, there are some factors that can render a Will invalid that should be noted.

What are the legal requirements for a valid unconventional Will?

An unconventional Will is valid, so long as it meets the formal requirements of Section 9 of the Wills Act 1937.

The key legal requirements are:

• That the Will is in writing, no matter what medium it is written on.
• There are clear intentions of how the testator (the person writing the Will) wants to distribute their assets.
• The testator has signed the document with clear intent to formalise it.
• Two witnesses have signed the document or have acknowledged their signature in front of the testator.
• The testator has mental capacity at the time of signing, with no duress or outside pressure.

If a Will is deemed to be invalid, the estate will fall under the rules of intestacy, meaning that the disclosed wishes are unlikely to be observed.

How can I ensure that my Will is valid?

The best way to ensure that your Will is valid is to enlist the support of a solicitor – like us!

We can help you draft a Will in a way that ensures that all of your wishes are upheld, whether that is with your estate or funeral.

While there have been a few cases of unconventional Wills being upheld in court, the formalities of the Wills Act mean there must be certain protocols in place for a Will to be valid.

Rather than leaving it to the mercy of the court, our experts will ensure that you are creating a legally binding Will that accurately reflects your wishes.

Our compassionate team are here to support you when drafting a Will with precision so that validity won’t be an issue.

For support with drafting a Will, get in touch with our team!