Bitter row erupts over millionaire's ashes
The former partner of a millionaire businessman who died in a boating accident on Sydney Harbour is embroiled in a bitter dispute over his ashes.
News.com.au can reveal Andrew Findlay and Liz Kemp's three children - two aged 11 and one aged 8 - were desperate for possession of their father's ashes, but had to settle only recently for a 'portion' of his remains after they were divided and shared between other people, and not all blood related.
Mr Findlay and his friend, prominent Indigenous artist Tim Klingender, died after their 7.8m inflatable vessel was smashed by 5m waves outside Sydney Heads in 2023.
The deaths sent shockwaves through Sydney's social scene and art circles and sent tongues wagging when Ms Kemp took court action over Mr Findlay's will.
The will dispute may have come to an end, but the family being in the spotlight looks set to continue with the Centennial Park home the family once shared now up for sale.
When contacted about the dispute over the ashes, Ms Kemp reluctantly confirmed the reports.
'Yes that is correct,' she told news.com.au.
'We are grateful to a few of Andrew's friends who ensured the children received a portion of their fathers ashes recently and will help them plan a memorial.
'My focus remains on the wellbeing of my children. This has been an extremely difficult time and I have no further comment about this.'
Mr Findlay's cousin and executor of his will Andrew Findlay was contacted and declined to comment.
Ms Kemp was previously married to Aussie cricketer Brett Lee with whom they share an 18-year-old son Preston.
Sources say Ms Kemp 'has had a very amicable co-parenting relationship' with him and Lee's wife.
'They have raised a special young man who is a wonderful brother to Liz and Andrew's three children,' a mutual friend said.
Preston, who is currently playing cricket in England, was referred to in Mr Findlays's death notice by the Findlay family as his stepson.
The ashes dispute is said to have taken a 'heavy toll' on Ms Kemp, often referred to as a Sydney socialite yet rarely spotted on any red carpets or A-list gatherings.
News.com.au has also been made aware that nearly 23 months after Mr Findlay's death, the estate has not released funding for the deceased's three children.
The will executor again declined to comment.
Ms Kemp initiated legal proceedings to have a 2015 Will recognised by the court - it named her as sole executor and beneficiary, and had been witnessed and signed before a solicitor.
She took the court action after finding out the 2019 will was unsigned.
Findlay's family asked the court to recognise the 2019 informal will that Mr Findlay had written after the couple separated.
Reports soon surfaced of Ms Kemp and her three children moving into the family's former Centennial Park home, and that Ms Kemp was driving a Mercedes AMG in the wake of her ex-partner's death.
However in May 2024 Justice D Hammerschlag gave Ms Kemp and the children exclusive occupancy to the Centennial Park home pending determination of an upcoming hearing over Mr Findlay's estate.
Ms Kemp confirmed 'yes that's the case' and that the children were only in the house temporarily so they could 'look after their pet fish and preserve memories with their father'.
News.com.au understands the executor of the 2019 will provided Ms Kemp and her children with the key to the deceased's motor vehicle, the Mercedes AMG, when she had crashed her vehicle.
A source close to Mr Findlay and Ms Kemp said 'Andrew and Liz were always driving each other's cars at holiday times depending on who had the kids.'
The will dispute came to an end when Judge Kelly Rees found that although the 2019 will was unsigned and not witnessed, she was 'satisfied Mr Findlay intended this document to form his will'.
Ms Kemp filed an appeal to the judgement, maintaining that Mr Findlay knew his will needed to be signed in the presence of two witnesses in front of a lawyer and had not revoked his former will. In March this year the Court of Appeal of New South Wales upheld the original decision.
Attwood Marshall Lawyers' Estate Litigation Senior Associate, Duncan MacDougall told news.com.au this case is a 'powerful reminder of how important it is to choose the right executor and to get professional advice when making a will'.
'When a will is informal, unclear or made without legal guidance, the consequences for those left behind can be devastating – both emotionally and financially,' Mr MacDougall said.
'Creating a legally valid will, with the help of an experienced estate planning lawyer, is one of the most important steps you can take to protect your loved ones. The cost of getting it right now is always less than the cost of fixing it later.'
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