The Missing Will and the Hospital Codicil

Published in the Coffs Coast News Of The Area on 22 August 2025.

Lydia signed a formal will appointing her niece, Anna and her grandnephew, Marko as executors. Under that will, Anna and Marko were to share the whole of Lydia’s estate.

But when Lydia passed-away, the original will could not be found. This gave her niece Katarina the chance to argue that Lydia must have destroyed it, intending to revoke it. If her argument was successful, the estate would pass on intestacy, giving Katarina and other relatives a share and leaving Marko with nothing.

The twist was an unwitnessed codicil that Lydia signed shortly before her death, while she was recovering in hospital, after breaking her arm. In that short document, she left her townhouse in Sydney to her close friends Stefan and Lena and otherwise confirmed her previous will.

Lydia explained to witnesses at the time, that she did not want hospital staff to witness the codicil because she feared they might learn about her properties and treat her differently or even take advantage of her financially.

The dispute went to the Supreme Court. Katarina insisted that the missing will proved Lydia had revoked it. Marko argued that the codicil showed Lydia’s true intentions.

The Judge reviewed the evidence. Friends, lawyers and family all recalled Lydia saying that she wanted Marko and Anna to inherit her estate, with Stefan and Lena receiving the townhouse. Further evidence indicated that she told her solicitor that she believed her will was still safely stored and told others to treat it as her final wishes.

Ultimately, the Court ruled there was no evidence that Lydia destroyed the will with intent to revoke it and even if she had, the codicil she made was held to have revived it.

A probate caveat lodged by Katarina and other relatives was ordered to be withdrawn and Probate over the will and the codicil was formally granted to Anna and Marko.

Thank you to Ellysha Laklem, for her assistance with this column.

This fictional column is not legal advice.