When it comes to ensuring your final wishes are respected, there is no substitute for a properly drafted and legally binding will. A recent UK high court case highlights the potential pitfalls of informal wills and the challenges they can create for those left behind.

The Story of Malcolm Chenery

In 2021, Malcolm Chenery passed away, leaving an estate valued at £180,000. His assets included a three-bedroom house, cash, jewellery, and a collection of ornaments and pottery. Chenery’s intention was to leave his estate to Diabetes UK, a charity close to his heart, as diabetes ran in his family. However, his final wishes were not recorded in a formal will. Instead, Chenery wrote his instructions on the backs of two pieces of cardboard food packaging: a box of Young’s frozen fish fillets and a box of Mr Kipling mince pies.

This unconventional will raised significant legal questions. While the content of the two boxes clearly outlined Chenery’s intent, the documents’ validity was far from straightforward. Only one of the boxes had been signed and witnessed, and because the will was split across two separate pieces of cardboard, there was debate about whether they could be considered part of the same document. The case ultimately required the intervention of the high court.

The Legal Challenges

Under the 1837 Wills Act, a valid will must meet specific criteria. It must be in writing, signed by the person making the will, and witnessed by two individuals present at the same time. Chenery’s makeshift will satisfied some, but not all, of these requirements. The court had to determine whether the two cardboard pieces, written in the same pen and with overlapping content, could collectively constitute a valid will.

Fortunately for Diabetes UK, the court ruled in favour of the charity. Judge Katherine McQuail concluded that Chenery had not intended to die intestate (without a will) and admitted the documents into probate. The ruling ensured that the estate was distributed according to his wishes, but only after a costly and time-consuming legal process.

Lessons from the Case

While the outcome in this case ultimately honored Chenery’s intentions, it underscores the importance of having a properly executed will. Informal wills, like Chenery’s, can:

1. Create Uncertainty: Without clear legal documentation, even well-meaning family members and beneficiaries can face confusion and disputes over your true intentions.

2. Lead to Costly Legal Challenges: Resolving ambiguities in informal wills often requires court intervention, which can be expensive and time-consuming.

3. Risk Intestacy: If a will is deemed invalid, the estate is distributed according to intestacy laws, which may not align with your wishes. For example, distant relatives could inherit while intended beneficiaries, such as charities or friends, are excluded.

The Benefits of a Proper Will

Creating a formal, legally binding will is the best way to ensure that your wishes are carried out without unnecessary complications. Here’s why:

• Clarity: A properly drafted will leaves no room for misinterpretation. Your intentions are clearly documented, reducing the likelihood of disputes.

• Legal Validity: When drafted and executed with professional assistance, your will meets all legal requirements, minimising the risk of challenges.

• Peace of Mind: Knowing your affairs are in order gives you and your loved ones confidence and security.

• Efficiency: A formal will streamlines the probate process, saving time and reducing costs for your beneficiaries.

Take Action Today

The story of Malcolm Chenery serves as a cautionary tale for anyone who has not yet formalised their final wishes. While it’s easy to put off drafting a will, doing so could save your loved ones from unnecessary stress, legal battles, and expense. Whether you’re looking to provide for family members, support a favourite charity, or ensure treasured possessions are passed on to the right people, a professionally prepared will is essential.

Don’t leave your legacy to chance. Contact a legal professional today to create a will that reflects your intentions and protects your loved ones from unnecessary complications. By taking this step now, you can have peace of mind knowing your wishes will be honored, no matter what the future holds.

Source: Man’s will written on back of food boxes is valid, UK high court rules