Late billionaire Ken Talbot’s widow’s court dispute over his will

More than a decade after billionaire coal baron Ken Talbot died, leaving an estate then worth $1.1bn, his widow has brought a Supreme Court case as a “disappointed beneficiary’’ of his will.

More than a decade after a billionaire coal baron died, leaving an estate then worth $1.1bn, his widow has brought a Supreme Court case as a “disappointed beneficiary’’ of his 2002 will.

Ken Talbot was killed in a plane crash in the Republic of Congo in 2010, leaving widow Amanda Talbot, two children of their marriage and two children from a previous marriage.

Mrs Talbot has brought a Supreme Court case against her late husband’s law firm, Boyd Legal, alleging solicitor Bill Boyd was negligent in preparing Ken Talbot’s 2002 will and updating a new will.

Amanda Talbot is the widow of coal billionaire, the late Ken Talbot. Mrs Talbot has brought a Supreme Court case against her late husband’s law firm, Boyd Legal.

A civil trial, which is expected to run for at least three weeks, began on Monday and Mrs Talbot is expected to give evidence on Tuesday.

Mr Boyd was appointed by Mr Talbot from 1995 until his death and he prepared a 2002 will appointing an American living in Texas as Mr Talbot’s sole executor and trustee.

Mr and Mrs Talbot’s children, Alexandra and Claudia, who were very young when Mr Talbot died, and Mr Talbot’s older children from a previous marriage, Liam and Courtney, are beneficiaries under the will.

Ken and Amanda Talbot.

No other will was executed before Mr Talbot’s death.

Opening the case for Mrs Talbot, Peter Dunning QC said Queensland lost one of the most daring and successful entrepreneurs of that time when Mr Talbot died.

Mr Dunning said the case would be largely involve examination of documents.

From June 2012, Mr Boyd was appointed as administrator of the estate, and a second administrator was appointed in 2019.

Mrs Talbot is seeking damages for breach of duty alleged to be owed to her by Boyd Legal in respect of a retainer for Mr Boyd to prepare a new will for Mr Talbot and for breach of duty in respect of other retainers.

It is alleged Mr Boyd did not act as a competent administrator by realising certain assets in a timely way.

Mrs Talbot is also suing law firm Arnold Bloch Leibler, which previously represented her.

It is alleged that if Mrs Talbot had been informed of various things she would not have agreed to or would have opposed the appointment of Mr Boyd as administrator and another administrator would have been appointed and sold assets without delay.

Former Macarthur Coal chief executive Ken Talbot in 2006. Mr Talbot was killed in a plane crash in the Republic of Congo in 2010.

Mr Talbot’s 2002 will, signed eight years before his death, put 70 per cent of his fortune in trust.

His older children, Liam and Courtney, each were to receive 24 per cent of that.

Mrs Talbot claims on proper construction of the will, she is entitled to 52 per cent, the Supreme Court has heard.

Mr Talbot’s will said he expected Amanda, as mother of Alexandra and Claudia, would make provision for them within her will, as well as for her family.

He said in the will that was why he allocated a combined 52 per cent to Amanda, Alexandra and Claudia Talbot.

The remaining 30 per cent was set aside for a charitable foundation.