A British man left his £180,000 estate to a diabetes charity in a will written on a frozen fish box and a mince pie packet; the High Court later ruled it was valid

A British man’s handwritten will, drafted on the cardboard packaging of a frozen fish box and a mince pie packet, has been ruled valid by the High Court, clearing the way for a diabetes charity to inherit his estate worth approximately £180,000. Malcolm Roy Chenery, who lived in York, England, recorded his final wishes on two separate pieces of food packaging shortly before his death in May 2021. His estate included a three-bedroom house, money, jewellery and a large collection of ornaments and pottery. He named the British Diabetic Association, now known as Diabetes UK, as a principal beneficiary, while allocating his ornaments and pottery to the Hornsea Collector’s Society. The unusual format prompted legal questions over whether the two pieces constituted one valid will.

How a frozen fish box and mince pie packet became a £180,000 will

Chenery wrote the first part of his will on the back of a Young’s frozen fish fillets box and the second on cardboard from a Mr Kipling mince pie packet. The pieces were small, measuring approximately 15 by 20 centimetres, and the writing appeared on their plain inner sides.The first piece, marked “1”, set out instructions concerning his house, bank accounts and household contents, which he wanted to leave to the “Diabetic Society”. It also specified that his ornaments and pottery should go to the Hornsea Collector’s Society.The second piece, numbered “2”, carried his signature and the date 3 May 2021. Two neighbours also signed it as witnesses that day. Chenery died the following day.

What did the £180,000 estate include?

The estate was valued at approximately £180,000 and included Chenery’s three-bedroom house, money, jewellery and personal possessions. His extensive collection of ornaments and pottery was another notable part of the estate.His handwritten instructions divided the intended gifts between Diabetes UK and the Hornsea Collector’s Society. The charity was the principal beneficiary, while the collectors’ society was named to receive the ornaments and pottery.The documents also recorded his wishes concerning his funeral. Chenery requested cremation and wanted his ashes buried or scattered at York Cricket Club, a place associated with happy memories of spending time there with his mother.

Why did the unusual will end up in court?

The dispute centred on whether the two pieces of cardboard could legally be treated as a single will. Although the documents were numbered consecutively and dealt with connected aspects of his estate, they came from different food packages.The neighbours who witnessed the second piece could not recall seeing the first when they signed. This raised questions about whether the two pieces together met the requirements for a valid will under English law.Diabetes UK sought to have both pieces admitted to probate as Chenery’s final will. If the court had rejected the documents, his estate would instead have been distributed under the rules governing intestacy, which apply when someone dies without a valid will.

Why did the charity argue that the two pieces belonged together?

The charity’s barrister, Sam Chandler, argued that the two pieces were part of the same document. Both had been written in the same pen, appeared to have been produced at the same time and contained overlapping subject matter.The claim also had support from members of Chenery’s family, some of whom explained that diabetes had affected relatives. This helped establish why the charity might have been a meaningful beneficiary for him.Although one sister had initially raised concerns about the circumstances, she later indicated that she would not actively oppose the claim and would leave the decision to the court. The case was therefore not simply a dispute between the family and the charity.

What did the High Court rule?

On 8 November 2024, Master Katherine McQuail of the High Court’s Chancery Division ruled that the two pieces of cardboard should be admitted to probate as Chenery’s last will.The court considered the requirements of the Wills Act 1837, including whether the documents could be treated as one testamentary document and whether the necessary formalities had been met. The judge accepted that the pieces were connected and reflected Chenery’s intention to distribute his possessions.The court also considered the principle that a person should not be presumed to have intended to die intestate when the evidence indicates a clear intention to make a will. It concluded that the two pieces should be admitted to probate, allowing the estate to pass in accordance with his wishes.The decision was reported in November 2024 and meant Diabetes UK could proceed with the legacy.

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