A Sydney socialite has lost her battle for her ex-partner’s mansion and Mercedes AMG after a lengthy and bitter legal battle with his family over conflicting wills.
Elizabeth Kemp, who had three children with 50-year-old businessman Andrew Findlay before they split, tried in the New South Wales Supreme Court to have the tech entrepreneur’s 2015 will probated instead of one he made but did not sign in 2019.
Findlay’s body was found a week after he disappeared 12 months ago in a boating accident that also claimed the life of prominent Indigenous art dealer Tim Klingender.
The pair died after their 7.8 metre inflatable boat was crushed by 5 metre waves at Bondi Beach in Sydney. Debris from the boat was also found near The Gap.
Following the tragedy, Ms Kemp, who was previously married to Australian cricket star Brett Lee, moved into Mr Findlay’s luxury Sydney home and took possession of his Mercedes AMG, claiming it was hers as the sole beneficiary of the 2015 will.
However, Judge Kelly Rees ruled 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 be his will”.
“There was very good reason for Mr Findlay to make a new will when he did. Mr Findlay was an accomplished businessman who had built up a considerable fortune,” Judge Rees ruled, according to the Daily telegram.
‘He was convinced in no uncertain terms that his relationship with Mrs Kemp was over.’
Elizabeth Kemp (pictured left with her ex-husband Brett Lee) has lost her battle over her ex-partner David Findlay’s estate
The body of tech entrepreneur Andrew Findlay (pictured with his children), who disappeared a week ago after a boat accident in Sydney Harbour, has been found
Findlay was in a relationship with Lakshi Pillai, owner of an upmarket Sydney clothing store, at the time of his death.
The court heard that after Mr Findlay died, his nephew and executor David Findlay emailed Mrs Kemp to check whether she was still receiving maintenance payments.
When she discovered the executor was relying on the 2019 will rather than the signed 2015 will, Ms Kemp moved into her ex-partner’s home near Centennial Park in Sydney and changed the “keypad code to the front door”.
She also registered the license plate of the Mercedes AMG in her name.
During the proceedings, Judge Rees said that Mrs Kemp had received a lucrative settlement when she and Findlay formally separated.
Mr. Findlay paid her $4.6 million, supplemented by $3,000 a month in child support, plus tuition, extracurricular activities, health insurance and medical expenses, spousal support of $2,500 a month and a car with the costs covered.
According to Judge Rees, the settlement provided for Ms. Kemp to relinquish all interest in Mr. Findlay’s assets, including the Centennial Park home, several businesses and their family pension fund.
Ms Kemp moved into her ex-partner’s luxury home in Centennial Park after the boat disaster
When David Findlay received the will update in 2019, the accompanying email stated that this was the final statement of Findlay’s wishes.
“I just sent you the will because I haven’t changed it with my lawyer yet. If I were to get hit by a bus in the meantime, at least my wishes would be clear,” the email said.
However, Mrs Kemp told the court that the second will was made ‘at the height of an emotionally turbulent period’.
She stated that her ex-partner did not sign the 2019 document because he still loved her and wanted to ensure they had a “cohesive relationship after the divorce.”
Findlay was in a relationship with the owner of an upmarket Sydney clothing store, Lakshi Pillai (pictured left), at the time of his death.
In her judgment, Judge Rees said Ms Kemp was a “pleasant, poised and soft-spoken witness” but that “her evidence should be treated with caution”.
“She gave evidence in a reserved, cautious and at times evasive manner. Ms Kemp made unkind comments about the defendant (David Findlay) and Mr Findlay’s older sister, Katharine Jackson,” Judge Rees said.
Judge Rees ruled that the 2019 claim will be upheld and that the estate will be transferred to Mr Findlay’s nephew as executor. He will manage the funds on behalf of the three children until they reach adulthood.
Mrs Kemp was ordered to pay all legal costs, including David Findlay’s attorney fees.