Old will pits ex against friends
Gary Wendt’s death pitted his closest friends and a former lover in a battle for his most prized possessions.
The drama involving a will that wasn’t updated for 25 years and a collection of classic motorcycles began on a summer afternoon three years ago as Wendt was being driven around a Hamilton roundabout by his partner Sharon Martin.
About 2pm, an out-control-car slammed into the passenger door, killing Wendt.
It was later revealed that he’d done what many Kiwis are guilty of – failing to update his will.
Over the years, Wendt had built up a collection of about 15 motorcycles, including a 1973 Maico and CZ 380.
In accordance with a will he penned in 1993, probate over his estate, including the collection of classic machines, was left to Andrea Morrison.
The pair were in a de-facto relationship when he created the will but they separated in 2000 and went on to form new relationships.
Wendt’s friends were upset about this, and launched a legal bid to claim the motorcycles.
Friend Neville McBeth questioned the validity of the will, believing it was not in accord with Wendt’s intentions.
He, along with other friends made a claim to the rights of Wendt’s motorcycle collection under a section of the Law Reform Act that allows people to seek provision from the estate if the deceased had promised to reward them for a service undertaken while they were alive.
An initial application in the Family Court was struck out by Judge
Sharon Otene on the basis McBeth didn’t provide sufficient evidence that he, and friends, had given their services or performed work for Wendt that entitled them to ownership of the motorcycles, or that Wendt made any promise to leave his collection to friends.
McBeth appealed the decision in the High Court.
But Justice Van Bohemen dismissed it. In his decision, Justice Van Bohemen said he believed there was substance to McBeth’s claims that he and others had given Wendt assistance in fixing motorcycles.
They all shared a passion for collecting, restoring and racing classic motorcycles. Over the years McBeth had acquired and modified parts to incorporate into Wendt’s motorcycles.
‘‘I am also satisfied from Mr McBeth’s account that as his health deteriorated, Mr Wendt told McBeth and others that he would be leaving his motorcycles to them,’’ the judge said.
‘‘I can understand the disappointment McBeth and other friends of Mr Wendt when they learnt Wendt made no special provision in his will for the distribution of motorcycles.’’
According to the High Court report, McBeth gave evidence that his assistance over the years had been given with no expectation of reward.
Based on that account, there was no connection between the services his friends provided and the expectation they would receive his motorcycles when he died sufficient to establish a claim under the Act, the judge said.
Nor was there sufficient evidence presented to the court that Wendt promised to make provisions for McBeth as reward for services.
Speaking after the decision, McBeth said he intended to appeal.
He claims Wendt created a second will in 2010 and this is why the case needed to be heard in the High Court.
‘‘Gary was so careful about what he did and was very astute. There is documentation to support this, he convinced me that was what he was going to do.’’
According to Public Trust, 55 per cent of New Zealanders don’t have a will.
‘‘In terms of protecting your assets and loved ones a majority of New Zealanders don’t, and that is a concern,’’ Josh Byers of Public Trust said.
‘‘We have couples coming in with 25 or 30 year old wills, it is very common.’’
Generally people should update their will every five years, he said, or when life circumstances change.
‘‘As your life changes you have to be constantly updating this. When you don’t do that there are peripheral elements that determine how your assets are distributed.’’
Public Trust is seeing more people have open conversations with beneficiaries about what and how it will be distributed once they die.
Having those conversations often helps to quell any disputes after the estate owner dies, he said.