$14 Million – NSW

Background of the Legal Battle

A Sydney socialite, Elizabeth Kemp, has lost her bid to retain her late ex-partner Andrew Findlay’s mansion and Mercedes AMG following a lengthy and contentious legal dispute with his family over conflicting wills. Kemp, who shares three children with the deceased businessman, sought to have Findlay’s 2015 will upheld by the Supreme Court of New South Wales, despite a newer will from 2019 that remained unsigned.

Tragic Circumstances Surrounding Findlay’s Death

Findlay’s body was recovered a week after he went missing due to a boating accident off Sydney’s Bondi Beach, which also resulted in the death of renowned Indigenous art dealer Tim Klingender. The men were aboard a 7.8-meter inflatable boat that was capsized by 5-meter waves, with debris later discovered near The Gap.

Post-Tragedy Developments

In the aftermath of the accident, Kemp, who was formerly married to Australian cricket star Brett Lee, moved into Findlay’s luxurious Sydney residence and claimed possession of his Mercedes AMG. She argued that these assets should be hers as the sole beneficiary of the 2015 will. However, Judge Kelly Rees recently ruled that despite the 2019 will being unsigned and unverified by a solicitor, it was clear that Findlay intended this document to be his final will.

Court Findings and Rationale

Judge Rees noted that Findlay had valid reasons for drafting a new will, given his substantial wealth and the fact that his relationship with Kemp had ended. At the time of his death, Findlay was involved with Lakshi Pillai, the owner of an upscale Sydney clothing store.

During the proceedings, it was revealed that Findlay’s cousin and executor, David Findlay, had contacted Kemp to confirm her receipt of child support payments. When Kemp learned that the executor was relying on the 2019 will, she moved into Findlay’s Centennial Park home and changed the front door’s keypad code, as well as transferring the Mercedes AMG registration to her name.

Previous Settlement and Legal Proceedings

Justice Rees highlighted that Kemp had previously received a significant settlement following her separation from Findlay. This included $4.6 million, monthly child support, school fees, and spousal support. The settlement also stipulated that Kemp relinquished any claims to Findlay’s assets, which encompassed the Centennial Park house and other properties.

When David Findlay received the 2019 will, it was accompanied by an email stating, “I just sent you the will as I haven’t changed it with my lawyer yet. If I went under a bus between now and then, my wishes would at least be clear.” Kemp argued that the will was drafted during a period of emotional upheaval and that Findlay had intended to ensure a harmonious post-separation relationship.

Judicial Outcome

Justice Rees ruled in favor of upholding the 2019 will, appointing David Findlay as executor to manage the estate for the benefit of Findlay’s three children until they reach adulthood. Additionally, Kemp was ordered to cover all court costs, including David Findlay’s legal fees.