A Sydney socialite has lost her battle to keep her ex-partner’s mansion and Mercedes AMG after a protracted and bitter legal battle with his family over duelling wills.
Elizabeth Kemp, who had three children with late businessman Andrew Findlay, 50, before they split, attempted in the Supreme Court of NSW to have the tech entrepreneur’s 2015 will upheld over one he made in 2019 but didn’t sign.
Findlay’s body was recovered a week after he went missing following a boating tragedy 12 months ago, which also claimed the life of leading Indigenous art dealer Tim Klingender.
The pair died after their 7.8m inflatable was smashed by 5m waves off Sydney‘s Bondi Beach, with debris from the boat found near The Gap.
Following the tragedy, Ms Kemp, who was previously married to Australian cricket star Brett Lee, moved into Mr Findlay’s luxurious Sydney home and took possession of his Mercedes AMG, claiming that they were hers as sole beneficiary of the 2015 will.
However, Judge Kelly Rees this week found even though the 2019 will was unsigned and not witnessed by a solicitor, she was ‘satisfied Mr Findlay intended this document to form his will’.
‘There was a very good reason for Mr Findlay to make a new will at the time that he did. Mr Findlay was an experienced businessman who had accumulated significant wealth,’ Justice Rees found, according to the Daily Telegraph.
‘He had become appraised, in no uncertain terms, that his relationship with Ms Kemp was over.’
Elizabeth Kemp (pictured left with former husband Brett Lee) has lost her battle to keep the estate of ex-partner David Findlay
The body of tech entrepreneur, Andrew Findlay (pictured with his kids) who disappeared following a boating accident off Sydney Harbour a week ago has been found
Findlay was in a relationship with upmarket Sydney clothes store owner Lakshi Pillai at the time of his death.
The court heard that after Mr Findlay’s death, his cousin and will executor David Findlay emailed Ms Kemp to check that she was still getting child support.
When she learned the executor was relying on the 2019 will rather than the signed 2015 one, Ms Kemp moved into her former partner’s home, near Sydney’s Centennial Park, and changed the ‘keypad code to the front door’.
She also transferred the registration of the Mercedes AMG into her name.
During proceedings, Justice Rees said that Ms Kemp had received a lucrative settlement when she and Findlay formally separated.
Mr Findlay paid her $4.6 million along with child maintenance of $3,000 a month plus school fees, extra-curricular expenses, health insurance and medical expenses, spousal support of $2,500 a month and an expenses-covered car.
Justice Rees said the settlement determined that Ms Kemp relinquished any interest in Mr Findlay’s assets, which included the Centennial Park house, various companies and their family superannuation fund.
Ms Kemp moved into her former partner’s luxurious Centennial Park home after the boating tragedy
When David Findlay received the update will in 2019, the email that accompanied stated it was the final statement of Findlay’s wishes.
‘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,’ the email said.
However, Ms Kemp told the court the second will was written ‘at the peak of an emotionally turbulent period’.
She stated that her former partner did not proceed to execute the 2019 document because he still loved her and wanted to ensure they had a ‘cohesive post-separation relationship’.
Findlay was in a relationship with upmarket Sydney clothes store owner Lakshi Pillai (pictured left) at the time of his death
In her judgment, Justice Rees said Ms Kemp was a ‘pleasant, poised and softly-spoken witness’ but that ‘her evidence needed to be approached with caution’.
‘She gave evidence in a guarded, careful, and sometimes evasive manner. Ms Kemp volunteered unkind remarks about the defendant (David Findlay) and Mr Findlay’s older sister, Katharine Jackson,’ Justice Rees said.
Justice Rees ordered the 2019 will be upheld and probate ordered to Mr Findlay’s cousin as executor who would control the funds on behalf of the three children until they are adults.
Ms Kemp was ordered to pay all court costs including David Findlay’s legal fees.
