The former partner of a Sydney businessman who died in a boating accident has launched a lawsuit over his $20million estate.
Andrew Findlay’s body was found washed up on rocks near The Gap at Watson’s Bay, in the city’s eastern suburbs, a week after he went missing on July 27, 2023.
Police believe the 51-year-old and his art dealer friend, Tim Klingender, were not wearing life jackets when a freak wave hit their 7.8-metre Brig inflatable vessel during a fishing expedition.
The men died when the vessel smashed against rocks.
Now, his podiatrist ex-partner Liz Kemp has launched a civil case in the NSW Supreme Court to have his 2015 will – which names her as the sole executor and beneficiary – recognised by the court.
The couple have three children together and separated in 2019. The separation resulted in a property settlement in 2021, after which Ms Kemp bought a $4.2million home in Balgowlah.
Mr Findlay walked away from the settlement with a mid-century designer property called Camelot in Centennial Park, which was last purchased for $4million in 2012, but is now worth about $20million.
His family will argue that Mr Findlay prepared an informal will in 2019 which named his children as the beneficiaries of his estate but was not signed or witnessed, according to the Sydney Morning Herald.
That document named the businessman’s cousin David Findlay as the executor and trustee of the estate until his children turn 18. He is the defendant in the Ms Kemp’s matter.
According to the publication, Mr Findlay emailed his cousin on June 5, 2019, saying: ‘This is my new will. I am yet to get it signed in front of [lawyer] Emma Grimes but I intend [to].’
‘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.’
Mr Findlay’s family allege that, a week after sending that email, he told his solicitor he had recently changed his will.
Ms Kemp’s lawyers say he knew the execution requirements of a will and he did not execute the informal 2019 will, despite regularly consulting lawyers.
Ms Kemp was married to n cricket legend Brett Lee, with whom she shares one son.
When he died, Mr Findlay was in a relationship with clothing shop owner Lakshi Pillai.
On his birthday in August last year, she wrote on social media: ‘Happy birthday to the BEST. Miss you so deeply.’
Mr Findlay and Mr Klingender had gone fishing around 7.30am on July 20, 2023, when their boat was smashed into rocks by five-metre waves.
Mr Klingender was only wearing socks when his body was uncovered among debris scattered among the rocks below Jacobs Ladder at South Head.
Dangerous conditions over that weekend prevented police from recovering evidence from the vessel, and the search for Mr Findlay was scaled back on the presumption that he was dead.
His body was found almost a week later.