Unusual But Valid: The Fish Finger Will

The case involved a Will written on a fish finger box with signatures on a mince pie box. The court ultimately determined the ‘document’ to be valid.

The case of the “Fish Finger Will”

The case arose when Malcolm Chenery recorded his final wishes on kitchen food packaging. One part of the food packing stated his wishes to leave his £180,000 estate to a named charity. The other part of the packaging was signed and witnessed by himself and his neighbours. It’s unclear whether Mr. Chenery’s decision arose from urgency or a lack of alternative writing equipment. What was certain, however, was the courts had to decide if this unusual document was a legally valid Will.

Legal requirements for a valid Will

Under Section 9 of the Wills Act 1837 it provides clear requirements that must be met for a Will to be deemed valid. These requirements are:

1. It must be in Writing
2. The testator (person making the will) or someone directed by them must sign the Will in their presence.
3. The testator must intend for the document to be their Will.
4. The signature must be made or acknowledged before two independent witnesses, who must sign in the testator’s presence.

Whilst these formalities are straightforward, the law remains flexible regarding the physical form of the Will itself.

Flexibility in writing wills

There is no requirement for it to be written on a specific material such as paper. Back in 1926 a Will written on an ostrich eggshell was upheld as valid. If the food packaging meets formal requirements, the Will can theoretically be upheld.

Court’s ruling: validating the “Fish Finger Will”

On making their decision the Court applied the requirements on Section 9 and made the following points:

1. Though written on food packaging, both pages were penned with the same ink, suggesting they were done together at one time.
2. The second page had been signed and witnessed by the neighbours meeting the requirement of two witnesses, and
3. The testator’s intentions for his estate were clear: his chosen charity was to inherit it. This decision was made instead of following the intestacy rules, which would have allowed his estranged family to inherit.

With these points, the Court therefore validated the Will as legal. While Mr. Chenery’s unconventional Will was unusual, it didn’t defy the rules of the law.

The importance of properly executing your Will

While the “fish finger Will,” as it has come to be known, has made headlines, it highlights the importance of executing your Will properly. For the cost of some paper and professional advice, Mr. Chenery’s estate could have avoided costly court proceedings and the risk of the Will being invalid.

The risks of homemade wills

So, if you’re possibly thinking of drafting your Will on a takeaway menu or cereal box, maybe think twice.

While courts may accept a homemade Will, it’s safer to seek professional help for matters like estate and inheritance distribution. A small investment in professional advice today can save your loved ones significant trouble and costs in the future.

For advice on drafting a Will, contact our Wills and Probate team on 03456 465 465 or email enquiries@rotherabray.co.uk.