When most people think of a Will, they imagine a neatly typed, legally formatted document, properly witnessed and signed. However, the world of estate planning has its share of unusual stories that show how creative – and sometimes chaotic – people can be when recording their final wishes. Below, we explore some of the strangest cases of Wills, including one written on food packaging, another on an eggshell, and others that push the boundaries of legality and convention.
Malcolm Chenery: The Mince Pie and Fish Fillet Will
In 2021, the High Court faced an unusual case involving the estate of Malcolm Chenery, a devoted cricket fan and self-described loner. Malcolm's Will, scrawled on the backs of a Mr Kipling mince pie box and a Young’s frozen fish fillet carton, bequeathed his estate – including a house, cash, and valuables – to the British Diabetic Association (Diabetes UK). This decision was driven by the loss of several family members to diabetes.
The Legal Challenge
Despite its heartfelt intent, the Will faced scrutiny. While the mince pie box was properly witnessed by neighbours, the fish fillet carton – containing key details about the estate – was not. Legal experts argued over whether the two pieces of cardboard could be considered a single Will.
Fortunately, the High Court ruled in favour of the charity, noting that the documents were written in the same pen and likely at the same time, reflecting Chenery's clear intention. The ruling avoided intestacy, which would have divided the estate among estranged relatives – something Malcolm was determined to prevent.
Lesson: While this case had a happy ending, it highlights the risks of informal Wills. A properly drafted and witnessed Will can save your loved ones and chosen beneficiaries significant time, stress, and expense.
The Will on an Eggshell: Hodson v Barnes (1926)
Few cases rival the peculiar story of a Will written on an eggshell. In 1926, a widow discovered an ostrich egg bearing the inscription: “17-1925. Mag. Everything I possess.” This cryptic message was intended as the deceased’s Will.
While this raises questions about the practicality of writing on an egg, the court ultimately set an important precedent: a Will can technically be valid if it is evidenced in writing, regardless of the medium. However, this particular Will was likely invalid because it lacked the necessary formalities, such as being witnessed.
Lesson: The medium may not matter, but adherence to formal requirements – such as having two independent witnesses – is crucial for a Will’s validity.
Unusual Mediums and Future Trends
The creativity doesn’t end with food boxes and eggshells. Throughout history, Wills have been written on a variety of unconventional materials:
Cell Walls: Prisoners have been known to carve their Wills into the walls of their cells.
Shipwrecks: Sailors have etched their final wishes onto trees or even scratched messages into the sand.
Technology: With the rise of digital devices, it’s only a matter of time before courts are asked to consider the validity of Wills written on tablets, smartphones, or stored as computer documents.
While the UK currently requires Wills to be in writing and witnessed, these cases raise questions about how technology might change estate planning in the future. Could we soon see legally accepted Wills on digital platforms?
Why Formal Wills Matter
These stories, while fascinating, underscore the importance of creating a legally valid Will. Homemade Wills are often riddled with issues, from unclear intentions to lack of proper witnesses, leading to costly legal battles or unintended beneficiaries.
At Toucan Law, we specialise in making the process of writing a Will straightforward, ensuring your wishes are clear, legally binding, and protected from challenges. Don’t leave your legacy to chance – or a mince pie box.
Other Notable Cases of Unconventional Wills
Film Scripts: Some Hollywood-inspired Wills attempt to bypass paper entirely, recording instructions on video. Unfortunately, such Wills are not legally valid in the UK.
Digital Wills: While the idea of a signed and witnessed Will saved on a computer is intriguing, it poses significant challenges for verification and submission to probate.
Messages in Bottles: Although more myth than fact, the romantic notion of a Will set adrift at sea highlights how people will go to great lengths to communicate their wishes.
Your Legacy, Your Way – But Make It Legal
The creativity behind these unusual Wills is a testament to human ingenuity, but they often complicate the probate process unnecessarily. A well-drafted Will doesn’t have to be boring, but it does need to be valid.
If you have questions about your Will or want to ensure it stands the test of time (and legal scrutiny), contact Toucan Law for expert advice.
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