Out-of-date will pits friends against ex
Gary Wendt’s death pitted his closest friends against 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 – failed 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 defacto relationship when he created the will but they separated in 2000 and went on to form new relationships.
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, he 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. ‘‘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 . . .’’
According to the High Court report, McBeth gave evidence his assistance 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.