Re Picking

Wendy Elizabeth Nielsen, one of the executors of the estate of the late Valerie Joan McKeon Picking, applied for a grant of probate for Mrs Picking’s original will and informal codicils. Mrs Picking, who passed away on 11 March 2020, had a will dated 23 October 2001, which was found with handwritten amendments by Wendy after Mrs Picking’s death. Wendy, who was close to Mrs Picking and recognised the handwriting on the will as hers, sought a declaration that the handwritten amendments constituted a valid codicil to the will. The court was required to determine whether the amendments made by Mrs Picking to the copy of her will constituted a valid codicil under s 18 of the Succession Act 1981, and if the court should exercise its discretion to dispense with the execution requirements of a will.

The court found that the three requirements set out in Lindsay v McGrath were satisfied, and the court was satisfied that Mrs Picking intended the amendments to constitute an alteration to her will. The court considered the evidence presented, including Wendy’s affidavit and the fact that Mrs Picking had informed Wendy of the location of the copy of the will prior to her death. The court determined that the amendments were a valid codicil, and granted probate of the will and codicil to Wendy Elizabeth Nielsen as executor.

The court ordered that the handwriting on the first page of the copy will filed with the application is a valid codicil to the will of the deceased dated 23 October 2001, pursuant to s 18 of the Succession Act 1981. Probate of the will and codicil was granted to Wendy Elizabeth Nielsen as executor, with leave reserved to Margot Ricardo subject to the formal requirements of the registrar. The costs of the application were to be borne by the estate.