The Eggshell Will case....what is your Will written on?
The Succession Act 1965 stipulates that a will must always be in writing, but it does not specify the type of writing material to be used. This suggests that there is some flexibility regarding the medium for drafting a will. Writing a will on paper is not necessarily a legal requirement.
This matter became the subject matter of the infamous UK case of Hodson v Barnes from 1926, commonly referred to as the "Eggshell Will" case. James Barnes was a pilot on the Manchester Ship Canal. After his death, his widow discovered an empty eggshell in his bedroom, perched on top of a wardrobe. On the eggshell, in Barnes' handwriting and using indelible ink, were the words: "17 -1925. Mag. Everything I possess. J.B." Barnes affectionately called his wife "Mag" and had previously made two wills that benefited her and the children from his former marriage. Nonetheless, Mag sought to have the eggshell recognised as a valid will.
The eggshell was presented in a small wooden box lined with cotton wool in court. Evidence was provided indicating that Barnes had blown out the egg and inscribed the message on the shell and that he had discussed his intention to make a new will with his wife. However, Judge Merrivale was not convinced, particularly because the will had not been properly witnessed, which is a requirement for a valid will.