Socialite who moved into dead ex-lover’s home loses bid for his $14m estate

The mother of dead businessman Andrew Findlay’s three children fought to have his 2015-dated will — which saw her as sole beneficiary — upheld over a 2019 version which excluded her.

Liz Kemp, top right, lost a NSW Supreme Court battle to be awarded her dead former de facto Andrew Findlay’s, bottom right, multimillion-dollar estate, including his Centennial Park mansion (main picture). Pictures: News Corp

A Sydney socialite who moved back into her dead ex-partner’s palatial home and transferred his Mercedes AMG into her name has lost a court battle against his family to inherit a $14 million estate.

Elizabeth Kemp, the mother of deceased businessman Andrew Findlay’s three children, launched an ambitious campaign in the Supreme Court of NSW to have his 2015-dated will upheld — which named her as sole beneficiary — over an informal version he drafted in 2019, where she was not included.

After a salacious court battle which heard from ex-lovers, friends and relatives of the former couple, Judge Kelly Rees found this week that although 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.

“He had become appraised, in no uncertain terms, that his relationship with Ms Kemp was over.”

Liz Kemp with ex-partner Brett Lee. Ms Kemp lost a NSW Supreme Court battle to be awarded her dead former de facto Andrew Findlay’s multimillion-dollar estate. Picture: Getty Images

Mr Findlay, 50, died in July 2023 while fishing with a mate outside Sydney Heads when a freak wave hit their boat.

His body was found a week later when it washed up on rocks near The Gap at Watsons Bay.

Art dealer Tim Klingender, who owned the inflatable vessel, died as well when the boat overturned and smashed into rocks.

When the executor of Mr Findlay’s estate, his cousin David Findlay, emailed Ms Kemp soon after the tragic death to check she wasn’t out of pocket with child support money, Ms Kemp replied asking for a copy of the will.

The court heard that when Ms Kemp, who was once married to cricketer Brett Lee, became aware the executor was relying on the 2019 will and not the signed one from 2015, she moved into is Centennial Park home with her children and “changed the keypad code to the front door”.

“Ms Kemp had earlier taken possession of Mr Findlay’s Mercedes AMG and transferred registration into her name,” Justice Rees said.

In 2019, Mr Findlay emailed his cousin with a draft copy of his will: “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,” it said.

Businessman Andrew Findlay died when a freak wave his the fishing boat he was in outside Sydney Heads in July 2023.

Art Dealer Tim Klingender also died when the inflatable vessel he was fishing in with Mr Findlay overturned and slammed into rocks. Picture: John Appleyard

But Ms Kemp told the court the latter will was written “at the peak of an emotionally turbulent period”, and that Mr Findlay did not proceed to execute the 2019 document because he still loved her and wanted to ensure they had a “cohesive post-separation relationship”.

In her judgment, Justice Rees described Ms Kemp as a “pleasant, poised and softly-spoken witness, but was scathing of her reliability saying “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,” she said.

Justice Rees outlined the lucrative settlement Ms Kemp received from Mr Findlay when they formally separated.

“Mr Findlay paid Ms Kemp some $4.6 million together 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 agreed to provide an expenses-paid car,” she said.

Justice Rees said the settlement determined Ms Kemp relinquished any interest in Mr Findlay’s assets, including the Centennial Park house, various companies and their family superannuation fund.

In her judgment, 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 must pay all court costs including David Findlay’s legal fees in defending the case.