Battle over war veteran Norman Maddock’s will after money left to hairdresser Marcia Bailey

A legal battle has erupted over the $3.5m estate of a decorated Australian war veteran after he left his fortunes to a hairdresser over his family.

A legal battle has erupted over the estate of an Australian war veteran. Picture: Shutterstock.

The $3.5m estate of an Australian war veteran has been at the centre of a lawsuit after it was deemed suspicious he was leaving his fortunes to a hairdresser over his family.

Norman Maddock had changed his will three times in the 15 months before he died in June 2020, aged 97.

In earlier wills, the decorated soldier had always focused on ensuring his wife, Shirley, who suffered dementia, was cared for.

His son, Norman Jnr, and stepdaughter, Nellie, also stood to claim an inheritance.

But when adjusting what would be his final will, he was taken to his legal appointment by Marcia Bailey.

On that day in January 2020, his will would be changed to declare Ms Bailey stood to receive his Bentleigh East Home, valued at up to $1.2m.

A new clause was also added stating Mr Maddock’s wife had “advanced dementia and has very ample and sufficient monies for her needs”.

Three months earlier in October 2019, Mr Maddock had appointed Ms Bailey as his sole executor, bequeathed $75,000 to her and reduced the legacy to his wife from $600,000 to $300,000.

Ms Bailey was also at that appointment with Mr Maddock’s solicitor, Anthony Naughton, from Morley Naughton Pearn & Cook.

In his earlier will – signed in October 2018 – his friends Geoff Dixon and Jennifer Greenland were appointed executors alongside Ms Bailey.

In that will, he had left $25,000 to each of his executors, $180,000 to various charities and $600,000 to his wife.

Any remaining cash would be divided between his son and stepdaughter (20 per cent each) and 60 per cent to the Royal Children’s Hospital.

The details emerged as Supreme Court judge Kate McMillan this week rejected Ms Bailey’s application for probate, ruling Mr Maddock “lacked testamentary capacity” at the time of his will changes.

“The evidence suggests that (Ms Bailey) was pushing the outcome of being given the Bentleigh East property by the deceased,” Justice McMillan said.

She criticised Mr Maddock’s lawyer for signing off on the will changes.

“Mr Naughton should have been more suspicious of (Ms Bailey) and her involvement in the proposed inter vivos transfer of the Bentleigh East property and the subsequent major change in her favour in the 2020 will,” Justice McMillan said.

“(She) appeared to be heavily involved with the deceased in circumstances where the deceased was likely to be vulnerable or impressionable as a result of his circumstances and became dependent on her.

“She held the deceased’s power of attorney, was a witness to the 2019 will, attended on Mr Naughton to give him the title of the Bentleigh East property and told him she would pay the stamp duty on the inter vivos transfer.”

The court heard Ms Bailey, who runs a hairdressing salon in Black Rock, was a family friend.

Mr Naughton said Mr Maddock told him he considered her like a daughter.

Mr Maddock’s medical records showed he was in poor health, suffered PTSD and a psychotic disorder and had become paranoid.

At just 17, the Melbourne-born Mr Maddock reportedly enlisted in the Australian defence forces in 1940.

He did deployments to the Middle East and fought in Bardia and Tobruk.

But it was his fight in the Battle of Crete in Greece where he became a prisoner of war that Mr Maddock was most recognised for.

He was an honorary member of the Battle of Crete & Greece Commemorative Council of Victoria.

In 2007, Mr Maddock was awarded an Order of Australia (OAM) for his service to the Victorian tramways, in which he was a strong voice as a union official.

His wife, whom he married in 1975, and her two children had launched a challenge against the probate in December. Mrs Maddock, 93, died on May 30 this year.

She is being represented by her administrator, Australian Unity Trustees Limited.