A woman who sacrificed her career and worked unpaid for years in her family's business, believing she would inherit a multi-million dollar waterfront property, has lost a legal battle for a significant share of the estate. Jessie Sellar, 39, sought a 50% stake in her late father Allan Sellar's Gymea Bay property, asserting that repeated assurances from her parents entitled her to the inheritance.
However, NSW Supreme Court Justice Francois Kunc found that the alleged promises were not legally enforceable. He awarded Ms. Sellar $128,700 for mortgage and property contributions she had personally paid, a sum conceded by the other beneficiaries. The court also ordered Ms. Sellar to cover the legal costs of her stepsiblings, Darren and Paula.
Justice Kunc acknowledged that Ms. Sellar had made substantial life decisions in favor of her parents and accepted that many of the conversations she relied upon had indeed taken place. "The Court is actually satisfied on the balance of probabilities that the words which she says were spoken to her ... were in fact said," the judge stated.
During the four-day trial, Ms. Sellar testified that she took on a more active role in the family newsagency, provided household support, and cared for her parents after receiving assurances such as, "You will always have this house," "This house will be yours when we are gone," and "I will give you your mother's half of the house."
Ms. Sellar's mother, Tracey Sellar, died of cancer in 2015 at age 54. Her father, Allan Sellar, passed away three years later following a stroke. The estate includes a waterfront property at Gymea Bay, featuring a family home, granny flat, boatshed, and cottage across two adjoining lots.
Justice Kunc noted that Ms. Sellar was aware by late 2015 that her parents had signed mutual wills. These wills stipulated that the property would pass to the survivor of them, and upon the death of the second parent, would be divided equally between Allan's children from his first marriage, Paula and Darren, and then Jessie. Allan Sellar did not change his will after his wife's death.
The court also heard that Allan Sellar had opposed his late wife's desire to leave a larger share of the estate to their daughter. Jessie Sellar claimed that in 2009, her parents asked her to abandon her teaching career and become more involved in the newsagency to assist her mother in caring for her father, who had Parkinson's disease and was undergoing treatment for prostate cancer.
According to Ms. Sellar, her mother told her in her father's presence that "We can work together for many years to come. You will always have this house. I can live in the granny flat. You will get most of this property when your father goes." Later, while encouraging her daughter to continue in the business, Tracey allegedly said, "We have to keep the newsagency. You will need to keep working in it. The newsagency is paying all the bills for this house and all our medical expenses. It will be worth it. This house will be yours when we are gone."
After her Stage 4 lung cancer diagnosis in 2015, Tracey allegedly told Jessie, with Allan present, "Jessie, I can't keep working in the newsagency. You need to keep the newsagency going. I am going to transfer my shares to you so you can keep running it. You will be the sole shareholder of the business so you can keep running it. It will be enough to maintain the house and your father won't need to move." Tracey also reportedly told Allan, with Jessie present, "I have worked hard for this house. I want my half of this house to go to Jessie," to which Allan allegedly replied, "OK Wal."
Jessie Sellar further alleged that after a visit to his solicitor, her father stated, "I have followed your mother's wishes. I gave you half of the estate and the remaining half is to be shared between you, Darren and Paula." Justice Kunc later found Allan Sellar had not been truthful in this statement.
The following year, Ms. Sellar claimed her father told her, "Jessie, you can't leave me here on my own, I don't want to go to a nursing home... You know you will own most of this house when I am gone."
Evidence from a family friend, Julieanne Lowe, who worked at the newsagency from 2005 to 2014, supported Ms. Sellar's account. Ms. Lowe testified that Tracey Sellar had expressed her intention to give her assets entirely to Jessie and was frustrated that their wills had not been updated, as she had expected Allan to predecease her.
Justice Kunc accepted that Ms. Lowe had asked Ms. Sellar if she intended to work at the newsagency long-term. Ms. Sellar had responded, "I don't feel like I have a choice. I have closed all my businesses so I could help in the newsagency." Ms. Sellar, a qualified international gymnastics judge, had previously closed her business, L'Elfin Gymnastics, which operated four locations and a cheerleading academy, to support the family newsagency.
Ms. Sellar had also sought over $666,000 for unpaid work at the newsagency. However, Justice Kunc rejected this claim, ruling that she had ultimately been given ownership of the business in exchange for her years of labor supporting her parents and managing the agency. The only successful part of her claim was for the $128,700 related to mortgage and property expenses she personally covered.