Hodson v Barnes (1926) ~ The Egg Will
🔍 Behind the Will: Hodson v Barnes (1926) – The Eggshell Will & the Meaning of “Writing”
This week’s Behind the Will explores one of the most unusual cases in succession law — Hodson v Barnes (1926), better known as “the Eggshell Will”. This curious decision tested how far the courts will stretch the meaning of a will being “in writing”.
⚖️ Case of the Week: Hodson v Barnes (1926) – Can a Will Be Written on an Egg?
In Hodson v Barnes, the testator inscribed on an eggshell:
“17–1925. Mag. Everything I possess.”
“Mag” referred to his wife, and the egg was discovered among his possessions after his death. The question before the court was whether such an inscription could constitute a valid will.
The court concluded that there was no legal reason why a will could not be written on an unconventional material — even an eggshell — as long as it met the formal requirements of the Wills Act 1837: writing, signature, intention, and attestation.
However, the document ultimately failed because it was not properly witnessed or executed. The court confirmed that while the medium of a will can vary, compliance with statutory formalities cannot.
🔑 Key Takeaways:
1. “In Writing” Is Flexible:
A will does not need to be on paper. As long as words are visible and permanent, the medium can be valid: whether parchment, wood, or even an egg.
2. Formalities Are Non-Negotiable:
The most imaginative will still fails if it isn’t properly signed and witnessed. Creativity cannot cure procedural defects.
3. Intention Matters ~ But So Does Compliance:
Courts aim to respect a testator’s wishes, but they cannot bypass statutory requirements, even for genuine intentions.
4. A Lesson in Drafting Discipline:
Hodson v Barnes serves as a reminder that while the law values intention, it insists on precision. Proper process remains the cornerstone of will validity.
đź’¬ Practical Tip for Practitioners:
If a client insists on something unconventional, ensure every step of the formalities is beyond reproach. Novelty may attract attention ~ but careful compliance protects both the will and the practitioner.
Stay tuned for next week’s Behind the Will case commentary, where we’ll explore another intriguing decision shaping modern inheritance law.
