In 2021, Malcolm Chenery made a Will bequeathing his estate, including a house, jewellery, cash and a large pottery collection, to Diabetes UK. Just last month (November 2024) a High Court ruled that the Will was valid, despite it being written on food packaging.
The medium wasn't an issue as such, but the dispute arose because Chenery has written the first page on the reverse of a frozen fish fillets box, and the second page on a separate mince pie box.
Only the signing of the second piece of cardboard had been witnessed by neighbours, so, as an article at The Guardian explained:
“The charity's claim was challenged because the informal will was spread across two separate pieces of packaging. The details written on the fish fillets box, specifying that the house and contents should go to the charity, could not automatically be read as being part of the same document.”
The charity's barrister argued that the Will should be declared valid as:
“Various family members have explained that diabetes runs in the family. The two pages are written in the same pen. That seems to indicate they were made at the same time. There is overlapping subject matter.”
High Court Judge Katherine McQuail ruled that, unconventional though it was, the cardboard Will was valid in accordance with the 1837 Wills Act.
Will disputes on the rise
This rather quirky story coincides with a reported 5% rise in the number of Wills being disputed in England and Wales between 2023 and 2024. The two main types of claims were:
- Challenges to a Will’s validity and as to whether it reflects the true intentions of the deceased.
- Claims for reasonable provision for those left out of a Will or given very little, brought under the Inheritance (Provision for Family and Dependants) Act 1975.
Another common type of dispute revolved around what is known as "proprietary estoppel". As one law firm explains,
“Proprietary estoppel claims establish whether a property or land owner, will be estopped (i.e. prevented) from dealing with all or part of their land in the way they want because of promises they previously made or beliefs they have encouraged.”
Other litigation reflects the changing society and structures of modern families, including disputes raised by:
- Step-siblings
- Second spouses
- Children from previous marriages
- Long-term cohabiting partners unaware of their lack of legal rights
There is also an increase in cases of concern over undue influence, fraud, or coercion among vulnerable elderly people dependent on others to look after them.
Clarity in your Will
Your Will is a living document, in that it needs to reflect changes in your circumstances and be updated as a result. You may have a new grandchild not named in your current Will, for example, or have left something to a past son-in-law who is no longer part of the family.
If you have divorced yourself, you don't necessarily need to make a new Will if your Will says "I leave my estate to my wife" because that person is no longer your spouse. However, if you say, "I leave my estate to my darling Jane Smith", then (technically) they can inherit.
Most importantly, if you remarry (or marry for the first time), you must make a new Will as your old pre-marriage one will be null and void.
Professional will writing service
As a Member of the Society of Will Writers (MSWW) I offer a comprehensive Will writing service that makes your wishes clear and unequivocal, to help thwart any opportunities for disputes. For more details: