A recent High Court ruling has brought an unusual case to light whereby a man’s Will, handwritten on the back of a frozen fish box and a Mr Kipling mince pie box, was ruled to be valid.
Whilst this story might sound quirky, it highlights some serious concerns around homemade Wills.
About the case…
The testator died in 2021 leaving his estate to Diabetes UK. The Will was written on the back of a frozen fish box and mince pie packaging. This in itself caused issues in that the Will was written across two different documents. Despite the unusual and informal nature, the documents satisfied the legal requirements under the Wills Act 1837. The validity of a UK Will is governed by s.9 Wills Act 1837 which states that the Will must be in writing, signed by or at the direction of the testator in the presence of two independent witnesses.
The High Court held that the Will complied with s.9 and the Will was valid.
If the case was upheld, why should I think twice about doing a DIY Will?
While the High Court’s decision might reassure some, the reality is far from ideal. Yes, the validity of the Will was upheld, but at what cost? Legal disputes over homemade Wills can easily run into tens of thousands of pounds, which depletes the funds of the estate and also causes a huge delay in the estate distribution.
The time and expense involved in proving their validity can far outweigh any initial savings from not using a solicitor.
The Benefits of a Professionally Drafted Will
1. Clarity: A professionally drafted Will leaves no room for doubt about your intentions.
2. Tailored Advice: A professional can advise on complex matters such as inheritance tax, trusts, and care home fees, ensuring your estate is managed efficiently. In addition, a professional can help highlight any unintended consequences such as the impact of jointly owned property.
3. Minimising Disputes: A clear, legally sound document reduces the risk of contentious probate claims.
4. Peace of Mind: Knowing your wishes are properly documented lets you focus on enjoying life without unnecessary worry.
A Lesson to Take Away
The fish box case is a reminder that while a Will written on a fish and mince pie box was valid, the expense and the time delay in dealing with the matter after death is far from ideal.
For peace of mind and to protect your loved ones from unnecessary legal battles, you should consider having your Will professionally drafted. The Wilkes Private Client team are on hand to assist with preparing your Will so please do not hesitate to get in touch. Reach out to Danielle Blavins at [email protected] or at 0121 710 5954.
