Will validity: Some recent examples

Max George from The Wanted recently hit headlines after informing media that he drafted his will from his hospital bed, but despite the noise it wouldn't have been a valid will.

Conversely, in the very recent case of the late Malcom Chenery, a will written on the back of food packaging boxes was held by the courts to be valid.

Emma Fosh, a trainee in the private client team, looks at the necessary requirements to have a valid will and why there has been uncertainty over these two recent cases. 

Would Max George’s will be valid?

Max George of The Wanted was recently hospitalised following an irregularity with his heart that necessitated emergency surgery. He told The Sun that he wrote his will on his phone one evening while in hospital, due to fears for his life.

Unfortunately, this wouldn't be considered valid under English law. A specific set of conditions must be met under section 9 of the Wills Act 1837. In order for a will to be binding, it must meet the following criteria:

• The testator (the person making the will) must be over 18
• The will must be made voluntarily
• The testator must be of sound mind
• It must be made in writing
• It must be signed by the testator in the presence of two witnesses, who are over 18
• these two independent witnesses must also sign the will in the presence of the testator

Therefore, unless Max satisfied each of the above criteria, the will wouldn't be upheld in the sad event of his death.

But what about the will written on the back of food boxes… 

Another case saw the validity of a will drafted at home being questioned only last year. The will of Malcom Chenery garnered media attention as it had been drafted on the back of a Young’s Chip Shop packet and a Mr Kipling’s mince pie box. The family members didn't dispute the will, which left £180,000 to charity. Instead, the probate registry office questioned the wills validity upon receipt of the documents.

It was determined that Mr Chenery’s will satisfied the requirements of section 9 of the Wills Act 1837. The packaging was signed in the presence of two witnesses (his neighbours) who also signed the packaging. The question for the court was whether the two separate pieces of packaging could be considered one single document.

The barrister representing the charity that was due to inherit from Mr Chenery’s will argued that the same pen was used across both packets indicating they were drafted at the same time. At the end of the hearing, the court upheld Mr Chenery’s will.

How to ensure that a will is valid

The above circumstances show that documents drafted without professional support may not always be upheld in the way the individual drafting the "will" intends due to misunderstanding the complex legislation.

The most effective way to ensure that your will complies with legislation is to consult with a solicitor that specialises in private client law to assist with the preparation of your will. They will be able to ensure that the requirements for validity are met. While the court may uphold an unusual will such as Mr Chenery’s, it isn't guaranteed. 

Is the law governing wills considered outdated?

The questions raised around Max George’s will link to the debate around the nature of the law governing wills. Some view the current legislation as outdated; as stated above, the current legislation is from 1837.

There are calls for reform with the Law Commission reviewing the current legislation. The consultation has been underway from 2017 and, following a pause during 2019-2022, recommenced in 2023 with the 2023 supplementary consultation.

The consideration of electronic wills was a key point raised in the supplementary consultation. In the digital age and following the COVID-19 pandemic, the use of digitalised documents has been provided more consideration. The 2023 Supplementary consultation raised concerns over the risk of forgery and undue influence. However, a digital process would arguably make wills more accessible for individuals in highly unpredictable circumstances, similar to those of Max when he was hospitalised. This area of law continues to develop whilst the consultation is underway. 

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