The UK high court has ruled that a will, which was written on the back of two food boxes, is valid.
In 2021, Malcolm Chenery wrote his final wishes shortly before his death on the back of Young’s frozen fish packaging and Mr Kipling mince pies packaging, and neighbours witnessed the signing of the second page.
Malcolm left his estate to diabetes charity Diabetes UK, including his three-bedroom house, jewellery, cash and his large collection of ornaments and pottery.
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Diabetes UK, which is set to inherit £180,000, faced a legal dispute as the unique will was separated onto two boxes and the copy detailing that Diabetes UK should inherit the house and contents could not necessarily be read as part of the same document.
After reviewing the case, High Court judge Katherine McQuail ruled that the document was valid under the 1837 Wills Act and could enter probate.
The barrister Sam Chandler, who represented Diabetes UK, called upon the judge to allow the will to enter into probate so the money could be claimed. He said: “The principal question for the court is whether these pieces of cardboard can be admitted to probate in solemn form.”
Chandler added that the claim from Diabetes UK was uncontested and supported by Malcolm’s family members. He said: “Various family members have explained that diabetes runs in the family.
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“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.”
According to Chandler, there was ‘a longstanding principle that the court should lean against intestacy’. The charity believed ‘the court should have no hesitation in proclaiming in favour of this document’ because ‘intestacy would frustrate the testator’s intentions in light of what the family say about his intentions’.
Judge McQuail ruled in favour of Diabetes UK as she believed Chenery ‘had not intended to die intestate’ and she was ‘satisfied that the two documents should be admitted in solemn form to probate as the last will of the deceased’.
