A High Court ruling on Malcolm Chenery’s unusual will has sparked interest due to its unique nature and legal implications. After Mr Chenery’s death in 2021, it was revealed that he had written his will on the back of two food boxes: one from Young’s frozen fish and another from Mr. Kipling mince pies. This handwritten document allocated his £180,000 estate, including a house, jewellery, cash, and a valuable collection of ornaments and pottery to the British Diabetic Association (Diabetes UK). This stemmed from Mr Chenery’s personal experiences with diabetes, as he had lost family members to the condition.
The primary legal challenge revolved around the will’s format. In this case, the will’s informal nature, written across two separate pieces of packaging, was contested by relatives who argued that it did not meet the required legal standards. Despite these objections, the court ruled in favour of the charity, concluding that the will was a valid expression of Mr Chenery’s intentions.
High Court Judge Katherine McQuail emphasised that a will’s validity is determined by the clarity of the testator’s intent rather than the medium on which it is written. By evaluating the handwritten notes, the court found sufficient evidence that Mr Chenery intended to leave his entire estate to Diabetes UK and to exclude his family from inheritance.
The ruling aligns with the principle that informal documents can constitute valid wills if they meet the threshold of expressing clear and deliberate testamentary wishes.
This case highlights the flexibility of UK probate law in accommodating unconventional wills, provided they fulfil the basic requirements of intent and testamentary clarity. It also underscores the potential complications of not drafting a formal will, which can lead to disputes among heirs. For charities like Diabetes UK, such rulings can secure significant financial support that might otherwise be lost in legal challenges.
