The food packaging Will – a new way to leave your estate?

Megan Bradley, Solicitor in our Private Client team at Hay & Kilner, explains how a Will written on food packaging was admitted into probate.

The High Court recently decided that a Will written across two pieces of food packaging should be admitted to probate. What does this mean for those wanting to draft their Will in compliance with the Wills Act 1837?

Mr. Chenery passed away on 4 May 2021, leaving his Will for Diabetes UK to inherit his estate on two pieces of cardboard: one from a box of Young’s fish fillets and the other from a box of Mr Kipling’s mince pies.

The pieces of cardboard were submitted to the Probate Registry with an application for Grant of Representation, however, the Registrar noted that a court application was needed for a Grant to be issued as only one of the pieces was signed and witnessed and the witnesses didn’t remember seeing the second piece.

At court, Master McQuail’s judgement rested on the presumption of due execution. Since there was no evidence that the second piece of cardboard was not present when the first was signed and witnessed, it was presumed to be present. It was therefore found that Mr Chenery clearly intended the two pieces of cardboard to form his Will and that they should be admitted to probate.

Although this is an interesting case which spotlights the value of the presumption of due execution, if you are looking to write your Will, please contact a member of our Private Client team. They can help you put in place a Will that meets the requirements of the Wills Act 1837, ensuring your executors and family can give effect to your last wishes whilst avoiding the costly court process that Mr. Chenery’s family found themselves within.