Fish Boxes, Mince Pies, and the Law: A Will Like No Other
A charity has triumphed in a Court battle to claim a £180,000 fortune left in a homemade Will written on the back of a Mr Kipling mince pie box and frozen fish packaging.
Despite its unconventional format, the Will was upheld by a Judge, granting the charity the legacy as outlined in the handwritten documents.
Malcolm Chenery tragically ended his life in 2021, leaving behind a three-bedroom house, money, jewellery from his mother, and an extensive collection of ornaments and pottery amounting to circa £180,000.
Before his death, Mr Chenery wrote his last Will in a most unusual manner: the first page on the back of a frozen fish box and the second on a piece of cardboard from a Mr Kipling mince pies box.
In the Will, he stated his wish that all his belongings go to the British Diabetic Association (BDA), a cause close to his heart after losing family members to diabetes.
Disputed Will
However, when the BDA attempted to submit the will for Probate, they encountered a legal challenge.
The two pages, though part of the same document, came from different sources—one from a fish box and the other from a cake box.
This therefore raised concerns about whether the two pages could be considered a single, valid will.
The second page was properly witnessed and signed by Mr Chenery’s neighbours.
However, the first page, which outlined the distribution of his estate, could not be automatically linked to the second because it came from a different box.
This discrepancy prompted doubts when the BDA tried to validate the will.
Representing the charity, Barrister Sam Chandler argued before London’s High Court that the will met the requirements of the 1837 Wills Act and should be admitted to Probate.
Without the will, the Estate would fall into intestacy and go to Mr Chenery’s family whom he had been estranged from for years and had explicitly sought to exclude from his bequest.
The family members were described as having “long-standing bad blood” with him, and he did not want them to inherit.
The Court also heard that Mr Chenery had left specific instructions for his funeral, requesting to be cremated with his ashes scattered at the York Cricket Club, where he had shared many happy memories with his mother.
While the family would have inherited under intestacy laws, Mr Chandler stressed that the BDA had the support of other family members who recognised the deceased’s wishes and confirmed that diabetes ran in the family.
This likely influenced Mr Chenery’s decision to leave his Estate to the charity.
Mr Chandler argued that the two pieces of cardboard should be considered as a whole document, as they were written with the same pen and contained overlapping subject matter.
He urged the Judge to respect the deceased’s intentions and avoid intestacy, which would frustrate his wishes.
In her judgment, Master Katherine McQuail agreed, noting that Mr Chenery clearly intended the two pieces of cardboard to function as one Will.
She acknowledged that although the two sheets came from different food packaging, they were undeniably part of the same document, created at the same time, and with the same testamentary purpose.
“The Deceased had not intended to die intestate. His family was not close, and he did not wish his possessions to go to them,” said Master McQuail.
“The document is clearly intended to dispose of the Deceased’s belongings, and the witnesses had been told that it was a Will.”
The Judge concluded that the two pages should be admitted to probate, ensuring the £180,000 estate would go to the British Diabetic Association, as per Mr Chenery’s wishes.
The Importance Of Valid Wills
This case highlights just how important it is to have a valid Will – even if it is on a cardboard box!
Here at Bennett Griffin LLP we have a dedicated Wills team who would be happy to discuss making a will with you to ensure that your wishes are recorded in a conventional format which would avoid the lengthy proceedings in the Chenery Estate.
If, however, you find yourself involved in a dispute about a will, our specialised contentious probate team can assist and act on your behalf.
Please give us a call to discuss your matter.
You can ring our Worthing office on 01903 229999 or our Chichester team on 01243 256370.