Duncan MacDougall

Estate Litigation Senior Associate, Duncan MacDougall was asked by News.com.au reporter, Cydonee Mardon to comment on Sydney Businessman, Andrew Findlay’s family litigation over his $14 million estate.

According to News.com.au, the most recent dispute has been over Mr Findlay’s ashes, after a “portion” of his remains were divided and shared between other people, and not all blood related.

Mr Findlay and his friend, Indigenous artist Tim Klingender, died in a boating accident in Sydney Harbour in 2023.

This latest row comes after a long running dispute over the validity of Mr Findlay’s Will. Mr Findlay had a formal Will made in 2015 which named his former partner, Liz Kemp as the sole beneficiary and executor of his estate. However, after separating from Ms Kemp, he subsequently created a second Will in 2019 by way of an informal document which expressed his wishes to leave his estate to his three children. After protracted legal proceedings, the court ultimately confirmed the validity of Findlay’s informal Will.

Duncan 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”.

He added,

“When a will is informal, unclear or made without legal guidance, the consequences for those left behind can be devastating – both emotionally and financially. 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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