You can change your will by signing a new will or a document called a codicil. A codicil is used to modify an existing will. Recently, the Supreme Court had to determine if a sentence written by Caterina on the back of a used envelope could be a valid codicil. Caterina died in 2021. Caterina had two daughters, Tina and Angela who were beneficiaries of Caterina’s will. Caterina’s estate was worth $1.7 million. The estate included a property worth $1.5 million, $100,000 in a bank account and other assets worth $100,000. Tina was married to Robin from 2007 to 2011. Robin claimed the envelope that Caterina had handed to him in 2020, was a codicil to Caterina’s will. The envelope was signed by Caterina and read “I, Caterina, wish to leave my house to Robin, as he was the only one who ever helped me when I needed help“. For a codicil to be valid,
- There must be a “document”;
- The document must express Caterina’s intentions; and
- The Court must be satisfied the document was intended to alter Caterina’s will.
Document
The Court held that the writing on an envelope was a document.
Intentions of Caterina
The Court first had to decide whether the envelope was required to deal with all assets in Caterina’s estate. By law, a codicil can change part of a will. The court held that the envelope could be a valid codicil. Based on the evidence, it was found that Caterina’s statement that Robin was “the only one who ever helped me when I needed help” was untrue. The Court was not satisfied it was Caterina’s intention to leave Robin the house.
Court must be satisfied
The Court found the envelope was an explanation rather than a direction to give Robin the house. The document was written on the back of a used envelope. Even though the document was signed by Caterina, there was no evidence she kept a copy of the document or provided it to her lawyer. The Court decided it was unlikely that the document was legally effective. Robin was found to be an unreliable witness. Robin claimed that after he and Tina separated, he regularly helped Caterina with chores such as gutter cleaning and gardening. He said he would visit Caterina every Sunday in August 2012. The Court found that this was untrue. Robin’s toll statements showed he visited Caterina in March 2012 not August.
Tina also gave evidence that Caterina made sudden decisions with her estate. Tina claimed that she had a telephone call with Caterina in 2020 where Caterina said “I’m getting emotional. I love you all so much. Tina I want to leave you a million dollars“. The Court found that Tina was a reliable witness. The Court recognised that a conversation was different to a signed handwritten statement of wishes. However, the telephone call assisted the Court to decide the envelope was not intended to alter Caterina’s will. Robin admitted that Caterina was more devoted to the other beneficiaries than to him. If Robin was to receive the house, the other beneficiaries would be left with very little.
The Court found that the writing on the back of a used envelope was not a valid codicil and dismissed Robin’s claim.
