Hatsatouris v Hatsatouris

The New South Wales Court of Appeal considered an appeal concerning the validity of an informal document as a codicil to an existing will. The dispute arose between the executor of the deceased's estate and a beneficiary, who sought to rely on the informal document.

The central legal issue before the Court was the time at which the deceased's intention that the informal document should operate as a codicil was to be determined. Specifically, the Court had to consider whether a subsequent change of intention by the deceased could invalidate the document if it had, at one point, been intended to operate as a codicil.

The Court applied the principles established in *Re Estate of Magnus* (1919) 19 SR (NSW) 278, which held that the crucial time for determining the testator's intention is the time of the document's creation. The Court reasoned that if the testator intended the document to operate as a codicil at the time of its execution, it would be valid, even if they later changed their mind. The appeal was accordingly dismissed.