A recent as yet unreported decision in the High Court discussed whether a Will, written on pieces of cardboard taken from a box of Young's frozen fish fillets and a box of Mr Kipling mince pies, was valid.
Whilst we are sure that the thought of probate professionals puzzling over mince pie packaging has raised a few chuckles, there is a more serious side to the case. It serves as a reminder that when it comes to legal documents, and especially Wills, it is important that the necessary legal formalities are observed.
Matters were further complicated because the two pieces of cardboard were separate (i.e. not stapled together) and only the second part of the Will had been witnessed, not the first, leading to concerns that the strict legal formalities had not been complied with.
The heart of the matter, and what ultimately saved the day in court, was that the testator's intentions were clear. The law looked beyond the use of rather unconventional "stationery", ensuring that his estate would go to the Diabetic Society as he wished.
The moral of the story
While we wholeheartedly encourage everyone to have a Will, and any Will is almost better than none at all, used food packaging is perhaps better left to the recycling bin.
The best way to ensure your wishes are respected is to stick to the tried-and-true methods. Seek professional advice and make sure your Will is professionally drafted and properly witnessed. This will minimise the risk of your Will being invalid because the formalities relating to witnessing have not been observed or the language used is unclear.
And remember, when it comes to Wills, it's not just the thought that counts—it's the execution.