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What constitutes a valid Will?

The High Court’s recent decision to uphold a Will written on the back of cardboard food packaging has caused quite a stir.

In this case, Malcolm Chenery’s unorthodox Will, scribbled on a box of Young’s frozen fish fillets and a Mr Kipling mince pie packet, was ruled valid, allowing Diabetes UK to inherit an estate worth £180,000.

While this outcome highlights the flexibility of English law in honouring someone’s last wishes, it also raises important questions about what makes a Will valid in the first place.

Here, we will unpack the legal requirements for a valid Will and share how you can ensure your final wishes are protected – without resorting to cardboard.

The legal basics of a valid Will

Under the Wills Act 1837 (the Act), for a Will to be valid in England and Wales, it must meet certain legal requirements.

The Will must be in writing

A Will can be handwritten, typed, or printed, but it must be on a physical medium.

This is why the court accepted Chenery’s Will written on cardboard. As unusual as it might seem, it was still “writing.”

The Will must express your intentions clearly

The document should detail how you want your assets distributed.

In Chenery’s case, his cardboard notes specified that his house and contents were to go to Diabetes UK, leaving little ambiguity.

It must be signed by you

The person making the Will (the testator) must sign it, indicating their intention for it to take effect as their final wishes.

It must be witnessed correctly

Two independent witnesses must watch you sign the Will, and they must also sign it themselves.

In the case of Malcolm Chenery, his neighbours witnessed his signing of the second page, which the court deemed sufficient when considering the two cardboard pieces together.

You must have testamentary capacity

You need to understand the nature of the document, the extent of your estate, and the impact of your decisions.

Testamentary capacity ensures the Will reflects a person’s free and informed intentions.

Why was Malcolm Chenery’s Will upheld?

Chenery’s Will, while unconventional, met these requirements.

The High Court judge determined that the two pieces of cardboard were created simultaneously and together formed a single, cohesive Will.

This case demonstrates how courts strive to uphold the testator’s intentions, even when a Will’s form is unconventional, as long as it satisfies the legal criteria.

However, relying on such interpretations is risky and could lead to costly legal challenges.

Malcolm Chenery’s case is a reminder of how crucial it is to ensure your Will is legally valid.

A professionally drafted Will not only ensure your assets go where you want them but also spares your loved ones the stress and expense of legal battles.

If you need guidance on creating or updating your Will, speak with our team of expert solicitors today.

Rachel Blackburn

Head of Wills, Probate and Older Client Services

I joined Mander Hadley’s Wills, Probate and Older Client Services Team in 2018.I specialise in the preparation of Wills, Probate and estate administration, trusts and trust administration and Lasting Powers of Attorney. I also have experience of care fee planning and appeals of Continuing Health Care decisions.

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