Ugly showdown over David Rofe QC’s will

A battle over who scores a big pay-day from the estate of Sydney barrister David Rofe QC is headed for a showdown in the NSW Supreme Court.

 

A battle over who scores a big pay-day from the estate of prominent Sydney barrister David Rofe QC is headed for a showdown in the NSW Supreme Court as more than a dozen people named to receive inheritances, including former union chief Kathy Jackson, squabble over assets worth $30m when the elderly dementia patient died.

But the scheduled six-week court probate hearing — the result of warring parties failing to reach a mediated settlement — could eat up most of what remains of the barrister’s wealth.

Some parties are concerned millions of dollars will be lost to the estate in fees paid to high-powered legal teams, leaving beneficiaries with little or nothing at the end of the process.

Another issue causing anxiety is a court precedent called Calderbank v Calderbank that ruled the losing side in a case involving many parties may be subject to a costs order, making them liable for their own legal fees and others.

Anthony Tudehope, Philip Rofe, nephew and Brendan Hull at the funeral for Sydney barrister David Rofe at All Saints church in Woollahra in Sydney Picture: John Feder

Ms Jackson is not one of the official parties bringing the inheritance battle to court but she has been active behind the scenes, back in the race after previously appearing to forgo interest in her inheritance of 10 per cent or $3m from Rofe’s last will, signed in December 2014.

At the time of Rofe’s death in July 2017, Ms Jackson was a bankrupt and money she might have received then from the last will would have been claimed by her appointed trustee for her main creditor, the Health Services Union.

The HSU, claiming a debt of $2.4m from Ms Jackson, sat in her place during failed mediation and was offered $300,000 in one settlement proposal.

Ms Jackson, who briefly earned fame as a corruption whistleblower, is now out of three years in bankruptcy and supporting the validity of Rofe’s last will, which gives her the 10 per cent stake. This will is disputed by some Rofe family members, close friends and others.

The HSU, meanwhile, has confirmed its lawyers are no longer pursuing Ms Jackson for funds, and it has withdrawn from the Rofe matter as a claimant.

Ms Jackson met Rofe in May 2012 — almost two years after he was diagnosed with dementia — and developed a “close friendship” with the elderly barrister. Within two years, she became one of the biggest beneficiaries in his last wills.

All up, there are about 40 Rofe wills. Two were written before Rofe’s dementia diagnosis when some claim he was still of sound mind. The rest followed over the next four years as his health deteriorated, with some alleging he possibly did not know what he was signing.

Many wills written after 2010 show different, sometimes new beneficiaries with increasingly higher inheritances allotted to them, while shares for others are diminished or deleted.

Which will is declared valid will be up to the court — if the case proceeds — or the judge could order a complete rewrite, accepting an amalgam of all wills.

Another big potential beneficiary besides Ms Jackson is Gregg Hele, an old Rofe friend who cared for him in his final days of advanced dementia.

Mr Hele is listed for 20 per cent or up to $6m, as set out in the December 2014 will.

Rofe’s one-time friend and alleged “dependent” Nick Llewellyn is seeking a $3.75m inheritance, ownership of a Gold Coast ­apartment and a forfeiting of debts.

Others in the battle are Philip Rofe, historically Rofe’s closest nephew but shut out of wills signed after his uncle’s dementia diagnosis; Rofe’s former friend and companion Elaine Clark, now living in a northern NSW nursing home; former lawyer friend Tim Murphy; family members of Sydney barrister Brendan Hull; and a collection of Rofe relatives.

Rofe never married and had no children. The main sticking point to a mediated settlement seems to have been Mr Hele, and some aligned with him, arguing that Mr Llewellyn should receive no funds or considerably less than some wills provide.

Mr Hele declined to comment on the trial, due to start in August, while Ms Jackson did not respond to a request for comment.

The Australian understands the value of the Rofe estate has ­already sunk from its $30m peak when he died to about $21m following payment of capital gains tax, market falls and estate costs.

About $3m in legal fees is owed following mediation, and some estimate $10m spending or more on court hearing costs. Each party is expected to have senior barristers, junior barristers, and instructing ­solicitors.

One claimant said he accepted much of the estate could disappear in legal costs but he no longer cared. “Stiff titties,” he said.