Hatsatouris v Hatsatouris [2001] NSWSC 147

Hatsatouris v Hatsatouris [2001] NSWSC 147

The deceased intended the third codicil (signed but not attested) to amend his will, and it is a valid testamentary instrument under s. 18A; he never revoked it and despite later doubts or statements, his intention persisted until death.

Parties
Plaintiff: Julia Hatsatouris; Defendant: Angelo George Hatsatouris; Defendant: Maria Alexiou; Defendant: Irene Antonas; Defendant: Helen Purchell; Estate: The Estate of George Evangelos Hatsatouris
Jurisdiction
Australia
Judgment Date
30 March 2001
Procedural Posture
Probate Proceedings / Judgment
Outcome
Third Codicil held valid under s. 18A of the Act; judgment for plaintiff.
Legal Topics
Validity of Testamentary Documents, Probate, Execution of Codicils
Equity Succession Validity of Testamentary Documents Probate Execution of Codicils

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Parties

Julia Hatsatouris

Plaintiff

Angelo George Hatsatouris

Defendant

Maria Alexiou

Defendant

Irene Antonas

Defendant

Helen Purchell

Defendant

The Estate of George Evangelos Hatsatouris

Estate

Procedural Posture

Probate Proceedings / Judgment

Legal Issues

  1. 1 Whether a codicil not attested by witnesses is valid under s. 18A of the Wills, Probate and Administration Act 1898
  2. 2 Whether the deceased intended the third codicil to be an amendment to his will

Ratio Decidendi

The deceased intended the third codicil (signed but not attested) to amend his will, and it is a valid testamentary instrument under s. 18A; he never revoked it and despite later doubts or statements, his intention persisted until death.

Court Disposition

Third Codicil held valid under s. 18A of the Act; judgment for plaintiff.

Orders

  • Third Codicil is admitted to probate as a valid testamentary document pursuant to s. 18A of the Act.
  • Matter stood over for 7 days for parties to consider costs and orders.