By David Southwell for Daily Mail Australia
10:17 30 Jul 2024, Updated 10:30 30 Jul 2024
A Sydney socialite has lost her battle to keep her ex-partner’s mansion and Mercedes AMG after a long and bitter legal battle with his family over conflicting wills.
Elizabeth Kemp, who had three children with the late businessman Andrew Findlay50, before they broke up, they tried to supreme court to New South Wales The tech entrepreneur’s 2015 will is upheld over another will he wrote in 2019 but did not sign.
Findlay’s body was found a week after he disappeared following the boat tragedy 12 months earlier, which also claimed the life of pioneering Aboriginal art dealer Tim Klingender.
The couple died after their 7.8-metre inflatable boat was crushed by 5-metre waves off the coast of SydneyBondi Beach, South Australia, with the wreckage of the boat found near The Gap.
Following the tragedy, Ms Kemp, who was previously married to Australian cricket star Brett Lee, moved into Findlay’s luxury Sydney home and took possession of his Mercedes AMG, claiming it was hers as sole beneficiary of a will written in 2015.
However, Judge Kelly Rees found this week that although the 2019 will was unsigned and not witnessed by a lawyer, she was “satisfied that Mr. Findlay intended this document to constitute his will.”
“There was very good reason for Mr Findlay to make a new will at that time. Mr Findlay was an experienced businessman who had amassed a large fortune,” Judge Rees concluded. Daily Telegraph.
“He became aware, quite clearly, that his relationship with Mrs. Kemp was over.”
Findlay was in a relationship with upscale Sydney clothing store owner Lakshi Pillai at the time of his death.
The court heard that after Mr Findlay’s death, his cousin and executor David Findlay emailed Ms Kemp to check she was still receiving child support.
When she learned that the executor was relying on the 2019 will rather than the 2015 one, Ms Kemp moved into her former partner’s home, near Centennial Park in Sydney, and changed the “keypad code for the front door”.
She also transferred the Mercedes AMG car registration to her name.
During the proceedings, Judge Rees said Ms Kemp received a lucrative settlement when she and Findlay formally separated.
Mr. Findlay paid her $4.6 million plus child support of $3,000 a month, plus tuition, extracurricular expenses, health insurance, medical expenses, spousal support of $2,500 a month, and a car covered by expenses.
Judge Rees said the settlement specified that Ms. Kemp relinquished any interest in Mr. Findlay’s assets, which included the Centennial Park home, various companies and the family pension fund.
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When David Findlay received the will update in 2019, the attached email stated that it was the final statement of Findlay’s wishes.
“I just sent you the will because I haven’t changed it yet with my lawyer. If I have an accident between now and then, at least my wishes will be clear,” the email read.
However, Ms Kemp told the court the second will was written “at the height of an emotionally turbulent period”.
She explained that her ex-partner did not execute the 2019 document because he still loved her and wanted to make sure they had a “cohesive relationship after the breakup.”
In her ruling, Judge Rees said Ms Kemp was a “gentle, balanced and softly spoken witness” but “her evidence needed to be treated with caution”.
“She gave her evidence in a cautious, reserved and at times evasive manner,” Judge Rees said. “Ms Kemp volunteered to make unflattering comments about the defendant (David Findlay) and Mr Findlay’s older sister, Katherine Jackson.”
Judge Rees ordered the 2019 will to be upheld and an order probate the will to Mr Findlay’s cousin as executor who will control the funds on behalf of the three children until they are adults.
The court ordered Ms Kemp to pay all court costs including David Findlay’s legal fees.