In fact, a recent High Court case has highlighted the risks of signing a homemade Will and reinforced the importance of understanding what constitutes a valid Will at the right time in your life.

The Background

Before his death in 2021, Malcolm Chenery drafted an unconventional Will by writing his testamentary instructions on the back of a Young’s fish fillet box and Mr Kipling mince pies box. By giving effect to the instructions written on both boxes, the British Diabetic Association (BDA) stood to inherit Mr Chenery’s estate, which among other assets comprised a house, jewellery, and cash (the total value of which is reported to be c£180,000).

It was accepted that the instructions provided on the Mr Kipling box could amount to a valid Will. This had been validly executed, with Mr Chenery’s neighbours acting as witnesses, and signing the document. The key dispute in this case was, however, whether the Young’s box could also be considered part of the Will. This box had not been signed and the witnesses could not recall seeing it when they had signed the Mr Kipling box.

The Young’s box provided that the bulk of Mr Chenery’s estate (i.e., his home and its contents) should be gifted to the BDA. Had it proven ineffective, Mr Chenery’s home and possessions would have passed according to the intestacy rules, thus by default to family members with whom he claimed to have “long standing bad blood”.

Ultimately, the judge Master Katherine McQuail found that the food boxes combined were clearly intended to amount to a Will, and that Mr Chenery would not have wanted his estate to pass to his family members. There was a history of diabetes running in his family, which explained Mr Chenery’s wish to provide for the BDA. The Judge was satisfied, therefore, that the two boxes should be admitted to probate as if they were one document, and as the valid Will of Mr Chenery.

What Constitutes A Valid Will?

The more formal requirements for a valid Will are set out in the Wills Act 1837, section 9. It is important to note, however, that the validity of a Will depend on the circumstances of each case. The Wills Act 1837 confirms that a Will is not valid unless:

(a)  The Will is in writing and signed by the testator, but if the testator is unable to sign the Will they can authorise someone else to do so in their presence.

(b)  It appears that, by signing the Will, the testator intended to give effect to it (and where the testator’s signature is at the end of the document, this usually indicates the necessary intention).

(c)   The testator’s signature must be made (or acknowledged) by the testator in the presence of two or more witnesses at the same time.

(d)  The witnesses’ signatures must be made (or acknowledged) in the presence of the testator, but not necessarily the other witness(es).

An interesting point is that, while the witnesses need to be physically present when the testator signs the Will, it isn’t necessary for the witnesses to be aware of the terms of the Will or that it is a Will being signed. This is relevant to Mr Chenery’s case, as the neighbours were unaware of the instructions provided on the Young’s box (as they only witnessed the signing of the Mr Kipling box). This lack of awareness did nothing to prevent the instructions from being held as part of the Will.

Professional Advice

The complex case of Malcom Chenery’s Will demonstrates that preparing a valid Will is not always a straightforward process. While this Will was ruled to be a valid one, significant time and stress could have been saved if certain considerations had been made when the document was being drafted. It is therefore important that you seek expert legal advice to ensure that your Will is effective and that disputes are avoided further down the line.

If you wish to draft a new Will, or have concerns around the validity of an existing Will, please get in touch with our expert Will lawyers in our Devon-based Private Client team on [email protected] or 01803 202020. With years of experience ensuring the smooth creation of a valid Will for our clients, we will be happy to assist you in making your plans for the future legally binding.