You won't believe it! UK High Court declares man's last will on food boxes legally valid!

In a remarkable turn of events that could only be described as a testament to the enduring power of a person's final wishes, the UK High Court has ruled that a man's will, scrawled on the back of cardboard food boxes, is legally valid. This unusual case has captured the attention of legal experts and the public alike, proving that when it comes to last testaments, it's the intent that counts, not the stationery.

Malcolm Chenery, who sadly passed away in 2021, left behind a will that was anything but conventional. His estate, which included a three-bedroom house, an assortment of jewellery, a sum of cash, and a vast collection of ornaments and pottery, was bequeathed entirely to Diabetes UK. The charity, which stands to inherit a generous £180,000, found itself entangled in a legal battle due to the unconventional medium of Chenery's will – two pieces of cardboard that once housed Young’s frozen fish and Mr Kipling mince pies.


The legal challenge arose because the will was inscribed across these separate food packages. The fish fillets box detailed that the house and its contents were to go to charity, but it wasn't immediately clear if this was meant to be part of the same document as the writing on the mince pies box. The high court, however, has now settled the matter, with Judge Katherine McQuail ruling that the makeshift will meet the requirements set out in the 1837 Wills Act and is, therefore, valid for probate.


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A will written on cardboard food boxes has been deemed valid by the UK High Court, allowing a charity to inherit £180,000. Credit: Unsplash


Chenery's tragic death by suicide left many questions unanswered, but his neighbours did witness the signing of the second page of his will. Sam Chandler, the barrister representing Diabetes UK, urged Judge McQuail to allow the will to enter probate and for the charity to claim the bequest. Chandler highlighted that the claim was uncontested and even had the backing of Chenery's family members, who noted that diabetes was a condition present within the family.


In court, Chandler pointed out that both pieces of cardboard were written in the same pen, suggesting they were created simultaneously and shared overlapping subject matter. He argued that the court should readily accept the document as Chenery's last will to avoid an intestacy situation, which would go against the deceased's apparent intentions.

In her ruling, Judge McQuail presumed that Chenery had not intended to die intestate and was 'satisfied that the two documents should be admitted in solemn form to probate as the last will of the deceased.' This decision underscores a longstanding principle in law that courts should lean against intestacy where possible.

Chenery's unique expression of his final wishes joins a list of unusual wills throughout history. For instance, billionaire hotelier Leona Helmsley, who passed away in 2007, famously left a portion of her $4 billion fortune for the care of dogs, including a $12 million inheritance for her Maltese, Trouble. Although a judge later reduced Trouble's inheritance, the case remains a notable example of how people distribute their legacies.


This story reminds us that the spirit of a person's wishes can transcend the medium they're conveyed on. It also highlights the importance of understanding the legalities surrounding wills and estates, a particularly relevant topic to our community here at the Seniors Discount Club. As we consider our own legacies, it's crucial to ensure our final wishes are clearly documented and legally recognised, even if they're not written on the back of a food box.

For those in need of support, remember that helplines are available. Lifeline can be reached in Australia at 13 11 14 for crisis support. It's important to reach out if you or someone you know is struggling.
Key Takeaways
  • A man's will, written on the back of cardboard food boxes, has been ruled valid by the UK High Court, allowing a charity to inherit an estimated £180,000.
  • The unconventional will was left by Malcolm Chenery, who chose to leave his estate to Diabetes UK but faced legal challenges due to its informal presentation on packaging.
  • High Court judge Katherine McQuail concluded that the will met the requirements of the 1837 Wills Act and could be admitted to probate despite being written across two pieces of food packaging.
  • The judge's decision upholds the principle of avoiding intestacy when the deceased's intentions are clear, as supported by Chenery's family and uncontested by other parties.
We invite our readers to share their thoughts on this extraordinary case. Have you ever encountered an unconventional will? How do you ensure your final wishes are respected and carried out? Join the conversation below and let us know your views.
 
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And here in Australia we are often faced with the interference of the public trustee, who then claim a disproportionate percentage of the estate for supposed 'services'.
I have a will with the public trustee.I have nothing really just money put aside in bank term dep for my funeral.Are you implying they will take some of that i thought they were a free service
 
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I have a will with the public trustee.I have nothing really just money put aside in bank term dep for my funeral.Are you implying they will take some of that i thought they were a free service
Argie the Public Trustee (Qld) will create a will for free, but if they are the administrators of the will they will charge quite heavily (about 5% of the value of the estate each year). Under the Public Trusteee (Fees and Charges Notice) 2021 the minimum fee for a full administration is $1751. Also being a government body they are known to take quite a long time to settle everything.
 
And here in Australia we are often faced with the interference of the public trustee, who then claim a disproportionate percentage of the estate for supposed 'services'.
Having dealt with the public trustee for several clients over many years I would agree with you 100%. For a service that allegedly provides services and security for individuals I think it misses the mark dramatically. 🙁🙁
 
I have a will with the public trustee.I have nothing really just money put aside in bank term dep for my funeral.Are you implying they will take some of that i thought they were a free service
Sorry Argie, unless things are different state by state the Public Trustee will take a portion of your estate.
 
I have a will with the public trustee.I have nothing really just money put aside in bank term dep for my funeral.Are you implying they will take some of that i thought they were a free service
Yes. They take a percentage. Apparently 4.5% for estates up to $200,000
 
A will is a will as long as it meets the criteria......or is it? Having been through the ordeal of a family member contesting my mother's will, they are not necessarily worth the paper on which they are written. My mother left what she had to charity an we were aware of her wishes. One family member contested and got 50% of mum's estate. Beware
 
A friend had a brother who wrote out his will on a piece paper from an old envelope. He took his own life a few days later. One of the other brothers was adamant that it wasn't legal, however, i managed to take possession of the will, for safety's sake, (the brother that said it wasn't legal was wanting to take it his solicitor where it was going to be destroyed). I found my friend a very good solicitor and the will was approved by the court system as being valid.
So if you're in Australia and someone leaves a will on a piece of paper of any kind, never throw it away, these wills have proven to be valid.
 

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