A Christmas Story of Wills, Charity and Mr Kipling Mince Pies!
Earlier this month, the High Court ruled that a man’s will, written across two pieces of cardboard food packaging was legally valid. This case, involving Malcolm Chenery who passed away in 2021, has sparked attention due to its unconventional nature. Mr Chenery’s will was found shortly after his death and was written on the back of a box Young’s frozen fish and a box of Mr Kipling’s mince pies. Mr Chenery wrote his own will and two of his neighbours had witnessed the signing of the second page.
The will left his estate to a charity Diabetes UK. Diabetes UK’s claim was uncontested and had the ‘support of family members’ but court proceedings were required to consider if the will was valid and could be entered into probate. The High Court decided that Mr Chenery’s will was valid and based its decision on the contents of the Will rather than its format. They emphasised that the will accurately reflected Mr Chenery’s intentions and noted both documents were written in the same handwriting, with the same pen, and one followed on from the other.
Although the High Court ruled in favour of the charity, this case is an important reminder of the requirements of creating a legally valid will and the risks of making a DIY will.
Why is a professionally drafted will important?
Clarity and Certainty
A professionally drafted will ensures that your intentions are clear and unambiguous. This can prevent disputes among family members and beneficiaries, which can often be caused by vague or unclear wording in a DIY or informal Will.
Legal Compliance
The law around wills can be complex, with strict requirements about how a will must be made to be valid (e.g. in terms of witnesses, signatures, and format). A professional will ensure that your will meets all the legal requirements under the Wills Act 1837. If a will is not legally valid, it can be challenged in court, and your estate may be distributed according to the laws of intestacy or a previous will rather than your wishes. This can also cause significant delay and incur legal costs which would be well in excess of paying for a professional drafted will in the first case.
Minimising Disputes
A will that is poorly drafted or informal (such as Mr Chenery’s will) is far more likely to lead to disputes among family members or beneficiaries. If your will is contested, it will likely delay the distribution of your estate and incur significant legal costs. A professionally drafted will helps minimise these risks by ensuring that your wishes are clear and legally binding.
Tax Efficiency
A professional can advise on how to plan for inheritance tax alongside preparing a will. It is important to consider tax planning sooner rather than later so appropriate action can be taken and potentially leave more of your estate for your chosen beneficiaries.
Tailored Advice
A professional can provide advice that is tailored to your specific situation. For instance, if you have young children, a business, or complex assets, a professional will ensure your will covers these appropriately. They can also help you set up trusts, appoint guardians for your children, and ensure your wishes for your business are carried out.
Reducing the Risk of Fraud
A professionally drafted will is less likely to be susceptible to fraud or manipulation. A solicitor will ensure that the will is signed and witnessed correctly, safeguarding it against challenges that could arise from claims of coercion or forgery. Additionally, a professional will usually ensure that your will is stored securely, often in a will vault, reducing the risk of it being lost, altered, or destroyed.
Updating and Reviewing
Life circumstances change, and so should your will. A professional can offer advice on when and how to update your will, ensuring it reflects any changes in your life, such as a new marriage, the birth of children, or changes in your financial situation.
Peace of Mind
Knowing that your Will is professionally drafted and legally sound gives you peace of mind. You can be confident that your estate will be handled in accordance with your wishes, reducing the likelihood of complications or disputes after your death. It also gives your family and friends clarity during what is likely to be an emotionally challenging time.
Contact our specialist wills team
While it may seem tempting to write your own will as Mr Chenery did, the risks of doing so far outweigh the potential savings. The new year is the perfect time to consider writing a will and the cost of a professionally drafted will is a small price to pay for peace of mind and to make things as simple as possible for your family and friends.
If you have any questions about preparing a will or would like to discuss making a will, please do not hesitate to contact our specialist Private Client team on 0191 232 9547 or complete this form and we’ll get back to you.
