To: Crime Stoppers

Level 18, 412 St Kilda Road

Melbourne VIC 3004

12 May, 2014

Dear Crimestoppers,

I’m writing with a complaint of criminal extortion against my nephew, Mr Paul Osborne of 14 Clearview Court Garfield Vic 3814, the Executor of the estate of my deceased mother, Mrs Valda A. D. McKeon, formerly of 33 Langmore Lane, Berwick Vic 3806, who died on 4th March, 2012, and the principal beneficiaries of her Will other than myself, my brother Rowan McKeon of 6 Coopers Road, Macclesfield Vic 3782 and sister Anne Osborne of 9 Landor Court, Narre Warren 3805, over the distribution of my mother's $1.15m estate.

On 5 September, 2013 Mr Osborne wrote to me that if I failed to sign a release form which distributed my mother’s estate with no resemblance to either the wording or intent of her Will he would use the $248,000 or so he intended to distribute to me to help pay off his mortgage:

“I was hoping that my email on August 4 would be my last correspondence to yourself but as I had not received the release form back from you I thought I would send a reminder... not to open up further conversation but simply to remind you that I need the form signed and returned so I can transfer the funds. All other beneficiaries have received their money as per the Will because I thought it was unfair that there be any further delay due to your actions, or non-actions.

My duties have been finalised apart from a transfer of funds to yourself so let me know if you would like this money as I am quite prepared to take it if you do not want it for some reason... I have a mortgage to pay, 3 boys and a pregnant wife to support so any extra funds in my pocket would help out a lot.”

Paul Osborne, Thursday, September 05, 2013 1:54 PM (1)

I immediately emailed both my brother and sister, the standby Executors nominated in Mum's Will, that Mr Osborne had threatened to use my inheritance to pay off his mortgage if I did not sign his disputed release form. Rowan McKeon claimed the Executor was "only joking" (2) then repeated his insistence that I had to sign the release form to receive my inheritance, confirming his complicity with the threat. Anne Osborne declined to respond to any of my many emails concerning the distribution of Mum's Will but had full knowledge of what was occurring and along with Rowan McKeon, confirmed approval of Mr Osborne's extortion as signatories to and recipients of the release of funds.

Anne Osborne had organised the Will in collusion with Mr Osborne and Rowan McKeon without my knowledge during 2007 when I was resident in Sydney and Mum had become a frail and elderly 90 years old dependent on my sister, brother and Mr Osborne for transport, shopping and home care. The Will, which substantially favoured all three, replaced Mum's original Will which distributed her estate equally amongst her three children. I resolved to discuss my concerns over the distribution of my mother’s estate with Mr Osborne and my siblings, however in an email exchange between 29 July 29, 2013 and 24 September, 2013 (1) Mr Osborne wrote to me that these concerns were “dribble that I need to read numerous times in order to fully understand what you are trying to say” (2 August, 2013), that he had “no idea what you are talking about with this rubbish” (2, August, 2013) and that my emails “are full of stupid accusations without reasonable questions” (August 04, 2013).

Neither would Mr Osborne or my siblings explain the apparent disappearance of several hundred thousand dollars from Mum's estate.

I receive a Disability Support Pension and support an adopted daughter who is also a Disability Support Pensioner and single mother with a 5yo daughter. When Mr Osborne, Rowan McKeon and Anne Osborne extorted me to sign a disputed release form against my will both myself and my daughter were in hardship without means to pay fees to a pre-school my granddaughter had been attending for 18 months so she could complete her pre-school education. I had no doubt after the manner in which my siblings and Mr Osborne had forced a frail 90 year old woman who had become dependent on them to change her Will to substantially favour themselves that Mr Osborne, with the support and signed approval of the standby Executor's, would execute his threat. In the circumstances, I felt compelled to succumb to Mr Osborne’s and my siblings' demand, albeit that I crossed my signature at the end to denotre I had signed under duress.

What was a civil matter out of time became a criminal offence involving all three.

Mr Osborne concluded the email exchange with the comment: “FUCK OFF YOU MORON” (24 September, 2013) (1).

I apologise for the delay in forwarding this complaint but it has taken me some time to begin to recover from the abuse Mr Osborne, in collusion with my siblings, meted out to both myself and my family. My health deteriorated after I was forced to sign the release form and I've relocated from Sydney to Nimbin in northern NSW under written doctor's orders to recover. I've also sustained a severely strained foot injury and a bout of pneumonia in the past few months. Additionally, the laptop I used throughout the exchange with Mr Osborne and my siblings seized and I've been unable to recover some the email exchanges with Mr Osborne and Rowan McKeon, although I understand they can be recovered. All email exchanges with Mr Osborne and my siblings took place through my email address philip@2mf.net - I'm the owner of the domain http://www.2mf.net.

I remain available to assist with any investigation and prosecution which may result from this complaint and can hand the laptop I used into Nimbin Police if that would be of assistance.

Yours sincerely,

Philip McKeon

28 Cullen Street,

Nimbin. NSW 2480

philip@2mf.net

mob: 0404254328

Copies of the Will, intended disbursements (x2) and release form will be forward on request.

(1)

From: Paul & Emma Osborne (Ossie's Tennis Coaching)

Sent: Tuesday, September 24, 2013 11:05 AM

To: philip

Subject: Re: release form you required

FUCK OFF YOU MORON

Ossie's Tennis Coaching: Director of Tennis

Master Club Pro (level 3) tennis coach

Website: oztenniscoach.webs.com

Office: 5629 2121 Mobile: 0413 594 633

Facebook: Ossie's Tennis Coaching

Facebook: Cardio Tennis at Pakenham Regional Tennis Centre

Berwick & District Tennis Association Secretary

Website: bdta.com.au

Facebook: Berwick & District Tennis Association

From: philip

Sent: Tuesday, September 24, 2013 10:58 AM

To: Paul & Emma Osborne (Ossie's Tennis Coaching)

Cc: rowyve ; Anne Osborne ; daughter

Subject: Re: release form you required

Dear Paul,

It’s now been seven working days since you received the release form you requested, as you’ve acknowledged.

I appreciate that life proceeds at a slower pace in the countryside than us “city slickers” might expect, that country folk think slower, speak slower in loud drawled voices, act more slovenly and generally present as far more concerned with daydreaming that taking on the hustle and bustle and realities of daily life.

With this in mind, how long do you think it might be until you summon your bucolic sensibilities to the task of transferring the funds?

Best Wishes,

Uncle Philip

From: Paul & Emma Osborne (Ossie's Tennis Coaching)

Sent: Monday, September 16, 2013 10:20 AM

To: philip

Subject: Re: release form you required

Yes I received it in the mail on Friday. When I get a chance to go to the bank I shall finalised the transaction... hopefully this week some time.

Paul

Ossie's Tennis Coaching: Director of Tennis

Master Club Pro (level 3) tennis coach

Website: oztenniscoach.webs.com

Office: 5629 2121 Mobile: 0413 594 633

Facebook: Ossie's Tennis Coaching

Facebook: Cardio Tennis at Pakenham Regional Tennis Centre

Berwick & District Tennis Association Secretary

Website: bdta.com.au

Facebook: Berwick & District Tennis Association

From: philip

Sent: Sunday, September 15, 2013 9:37 PM

To: Paul & Emma Osborne (Ossie's Tennis Coaching)

Cc: daughter

Subject: release form you required

Dear Paul,

Did you receive, and have you actioned the release form you required I express posted to your nominated address in Garfield last Wednesday?

Best Wishes.

Uncle Philip

From: Paul & Emma Osborne (Ossie's Tennis Coaching)

Sent: Thursday, September 05, 2013 1:54 PM

To: philip

Cc: Rowan McKeon ; Anne Osborne

Subject: Re: final financials

Hi Philip,

The financials are correct.

The cash Valda had in her bank account over the final few years went to Salisbury House to pay the fees there. In fact Rowan had to top up her account in order to pay the legal fees associated with the release of the Will. This is when her account was closed by me with a balance of $0. Anne and Rowan paid for the funeral and were reimbursed accordingly when Langmore Lane settled (as per financials forwarded to you already). I do not have the financials you have requested as my duties only started upon Valda’s death. Please contact Rowan directly regarding this as he may or may not have some financial documents.

I was hoping that my email on August 4 would be my last correspondence to yourself but as I had not received the release form back from you I thought I would send a reminder... not to open up further conversation but simply to remind you that I need the form signed and returned so I can transfer the funds. All other beneficiaries have received their money as per the Will because I thought it was unfair that there be any further delay due to your actions, or non-actions.

My duties have been finalised apart from a transfer of funds to yourself so let me know if you would like this money as I am quite prepared to take it if you do not want it for some reason... I have a mortgage to pay, 3 boys and a pregnant wife to support so any extra funds in my pocket would help out a lot.

Regards

Paul

PS I have Cc my reply to Rowan and Anne as they have asked me about this situation so I thought I should keep them in the loop (as your siblings)

Ossie's Tennis Coaching: Director of Tennis

Master Club Pro (level 3) tennis coach

Website: oztenniscoach.webs.com

Office: 5629 2121 Mobile: 0413 594 633

Facebook: Ossie's Tennis Coaching

Facebook: Cardio Tennis at Pakenham Regional Tennis Centre Berwick & District Tennis Association Secretary

Website: bdta.com.au

Facebook: Berwick & District Tennis Association

From: philip

Sent: Thursday, September 05, 2013 12:40 PM

To: Paul & Emma Osborne (Ossie's Tennis Coaching)

Cc: daughter

Subject: Re: final financials

Dear Paul,

Thanks for resuming contact following your “final response'’ of 4 August, 2013.

Further to the concerns we’ve already discussed, I note your calculations indicate Mum had insufficient funds to pay for her funeral when she died, a highly unlikely indignity since she possessed moderate wealth throughout her lifetime, including two properties on the Mornington Peninsula during the 1990s, and lived frugally in her later years.

Can you please forward copies of all her accounts over the seven years prior to her death so I can determine the source of what appears to be an obvious miscalculation?

Best wishes,

Uncle Philip

From: Paul & Emma Osborne (Ossie's Tennis Coaching)

Sent: Friday, August 30, 2013 8:06 AM

To: Philip McKeon Cc: daughter

Subject: Re: release form Valda estate

Dear Philip,

Just a quick email to inform you that I am yet to receive your signed release form so that I can deposit the funds into your account. Note email dated 6/8/13 with attached release form. All other beneficiaries have returned this form but I am still waiting for your.

Please return it via email or post at your earliest convenience so that the funds can be deposited into your account. Or to save me wasting more time at the bank I can post you a cheque if that’s preferred. Regards

Paul

Ossie's Tennis Coaching: Director of Tennis

Master Club Pro (level 3) tennis coach

Website: oztenniscoach.webs.com

Office: 5629 2121 Mobile: 0413 594 633

Facebook: Ossie's Tennis Coaching

Facebook: Cardio Tennis at Pakenham Regional Tennis Centre

Berwick & District Tennis Association Secretary

Website: bdta.com.au

Facebook: Berwick & District Tennis Association

From: Paul & Emma Osborne (Ossie's Tennis Coaching)

Sent: Tuesday, August 06, 2013 8:38 AM

To: Philip McKeon

Subject: release form Valda estate

Dear Philip,

Please find attached the release form that I require you to sign and return to me to enable me to distribute funds into your account and complete my services as Executor of the Will. This form can be scanned and returned to me via reply email or if preferred can be posted to me at 14 Clearview Crt Garfield Vic 3814.

Regards

Paul

PS All beneficiaries will be required to sign this form prior to receiving funds.

From: philip

Sent: Sunday, August 04, 2013 9:10 PM

To: Paul & Emma Osborne (Ossie's Tennis Coaching)

Cc: daughter

Subject: Re: final financials

Dear Paul.

Thanks for your “final response”.

Please act upon your “legal advice suggesting that I should have all beneficiaries sign a form releasing me of my duties upon disbursement of fees and indicating that beneficiaries are willing to accept any monies into their nominated bank account”.

I am not willing to accept any monies into my nominated bank account until I have received and signed a form I can place before my legal representative indicating I am willing to accept monies into my nominated bank account.

My address for service is: 406/43 Morehead Street, Redfern, NSW 2016.

Best wishes,

Uncle Philip

From: Paul & Emma Osborne (Ossie's Tennis Coaching)

Sent: Sunday, August 04, 2013 5:33 PM

To: philip

Subject: Re: final financials

Philip,

This will be the final response I make to your emails that are full of stupid accusations without reasonable questions (that I have indicated I am happy to answer).

The painting... I did not suggest you sell a third of it but simply thought you might organise to have it valued/insured. I am not in a position to sell it as it is not mine and even if I did have that power I would not do so without the written consent of all three owners.

The Will... I have only ever seen and heard of one Will. Lardners provided me with it upon Valda’s passing and I have forwarded a copy to you. Any party has 6 months from the date the Will is released to contest it (according to my Lawyer) and that was not done so the Will stands. This is not my decision by is Australian law. Hopefully you can accept that.

Your allegations: It is not my job to consider any allegations of fraud regarding the Will. Such allegations must be announced in a court of law within 6 months of the release of the Will (according to my Lawyer).

Valda’s intention... I’m glad we both agree that Valda’s intention was for her Grand-children to receive $10000 each (that is $60000) and for her Great Grand-children to receive $4000 (that is $20000). This is not clearly stated in the Will as only the 6 Grand-children and 2 of the Great Grand-children are mentioned in the Will however it was certainly Valda’s intention. I agree that it is unreasonable for Valda to update the Will every time a new Great Grand-child is born and as such there should have been a clause indicating that subsequent Great Grand-children born between the signing of the Will and her passing also receive $4000. Unfortunately this means that both Taylah and Kiandra will not receive any funds as neither were mentioned in the Will as they are not Great Grand-children of Valda’s according to the law.

My role... No I will not remove myself as Executor of the Will as Valda clearly wanted me to do this job and I respect her wishes greatly. If I was to remove myself then the position would fall to Rowan & Anne as per the Will and I know there was a good reason why Valda appointed me rather than any of her children. Hopefully you can respect me in my role here as I respect Valda’s wishes.

I have thought about this matter a great deal over the past few days and have decided to do exactly what I can be sure Valda wanted... That is to distribute $10000 to each of her 6 Grand-children, $4000 to each of her 5 Great Grand-children and the remainder split 37/37/26 between her 3 children. I will endeavour to distribute the funds on Monday or Wednesday morning when I get the chance to go to the bank but before doing so I shall re-calculate the 37/37/26 split accordingly.

Final payments (after re-calculations) as per the 37/37/26 split plus/minus loan repayments plus refunds for out of pocket expenses are:

Rowan: $401209 Anne: $397924

Philip: $248367

Can you please confirm if you would like the $248367 deposited into your nominated bank account which will end my duties as Executor of the Will.

Regards

Paul

Ossie's Tennis Coaching: Director of Tennis

Master Club Pro (level 3) tennis coach

Website: oztenniscoach.webs.com

Office: 5629 2121 Mobile: 0413 594 633

Facebook: Ossie's Tennis Coaching

Facebook: Cardio Tennis at Pakenham Regional Tennis Centre

Berwick & District Tennis Association Secretary

Website: bdta.com.au

Facebook: Berwick & District Tennis Association

From: philip

Sent: Sunday, August 04, 2013 3:33 PM

To: Paul & Emma Osborne (Ossie's Tennis Coaching)

Cc: daughter

Subject: Re: final financials

Dear Paul,

Thanks for your reply.

What you propose with regard to Mum’s estate is preposterous, misleading and dishonest.

I don’t part own the painting mentioned in Mum’s Will as you are fully aware, because you haven’t provided me with evidence of part ownership by way of settlement, and I don’t expect you to, since as you are also fully aware, I instructed you to sell the painting. Your insinuation that I should approach an interested buyer in a share and claim I own the share because some bloke once showed me a copy of a piece of paper, but I can’t prove ownership, is patently absurd.

Moreover, you have refused to consider an allegation of substantial fraud with regard to Mum’s estate and included additional beneficiaries in a corrupt manner which disproportionately favours your own family, consistent with your mother’s alleged corrupt behaviour.

Mum’s intent is perfectly clear in her Will, notwithstanding your mother’s breach of a clear duty of care to update the Will, that all her grandchildren receive $10,000 each, all her great grandchildren receive $4,000 each, with the remainder shared equally amongst all her children “placed with the financial burden of rearing [their] own children”, which includes all three of us. That’s what Mum wanted, she said so plain as the ink on the paper she signed. Your insinuation a frail and elderly woman living on her own dependant on others or in residence at a nursing home should have to update her Will every time a new member of an extended family arrives regardless of her dependence on her daughter to do so, is despicable.

Mum would also have wanted her most valued painting placed in appropriate care.

Can you please remove yourself as executor forthwith and make way for a person willing to undertake the task in a frank and forthright manner?

Best wishes,

Uncle Philip

From: Paul & Emma Osborne (Ossie's Tennis Coaching)

Sent: Friday, August 02, 2013 9:15 PM

To: philip

Subject: Re: final financials

Hi Philip,

I have no idea what you are talking about with this rubbish.

If you have a question then please ask.... don’t beat around the bush with this dribble that I need to read numerous times in order to fully understand what you are trying to say.

I have 3 options available to me at the moment...

Option 1: distribute the funds as per financial spreadsheet as emailed to you previously.

Option 2: distribute the funds exactly as per the Will even though I am aware that was not the intention of Valda... this means 11 people receive funds (Rowan, Anne, Philip, Paul, Michael, Stuart, Stephanie, Olivia, Elana, Riley and Damon). Unfortunately that will mean that some children will miss out on $4000 through no fault of their own. Option 3: employ a Lawyer to take over who will run with option 2 and charge a large fee which will ultimately come from the estate prior to disbursement of funds and therefore cost you money. This also was not the intention of Valda.

I have received legal advice suggesting that I should have all beneficiaries sign a form releasing me of my duties upon disbursement of fees and indicating that beneficiaries are willing to accept any monies into their nominated bank account. Sadly I now feel the need to do this before funds are distributed to anyone so I shall be organising it over the next few days.

I am confident I have done my legal duty regarding the painting and the contents of the house so that matter is over... if you have any issues regarding this then please contact Rowan/Anne directly or perhaps organise for the painting to be valued/insured yourself.

I cannot speak for Valda but perhaps she did not include Bridgette as her grand-daughter as she is not blood related or legally your daughter (please correct me if I am wrong here). In conversation she did mention that people should “inherit wealth through blood-lines and that inheritance should be earned and not taken for granted”.

I spoke to Bridgette yesterday and we both agreed that there is absolutely nothing that I can do regarding the 37/37/26 split of the remaining funds as it was clearly Valda’s wish for reasons known to her and her alone. Please accept this as you did our last meeting so that hopefully we can all move forward from here.

As mentioned above if you have any furthers questions that I might be able to answer then feel free to ask me directly.

Regards

Paul

Ossie's Tennis Coaching: Director of Tennis

Master Club Pro (level 3) tennis coach

Website: oztenniscoach.webs.com

Office: 5629 2121 Mobile: 0413 594 633

Facebook: Ossie's Tennis Coaching

Facebook: Cardio Tennis at Pakenham Regional Tennis Centre

Berwick & District Tennis Association Secretary

Website: bdta.com.au

Facebook: Berwick & District Tennis Association

From: philip

Sent: Friday, August 02, 2013 2:31 PM

To: Paul & Emma Osborne (Ossie's Tennis Coaching)

Cc: daughter

Subject: Fw: final financials

Dear Paul,

Thanks for the mobile message with information about how to access the spread sheet you sent me.

I don’t agree with what you propose because I suspect a principal beneficiary committed a substantial fraud against Mum’s estate after the Will was executed, a crime with unlimited statutory liability, as I’ve explained and you’ve acknowledged with your intention to include beneficiaries other than mentioned in the Will.

With regard to the inclusion additional beneficiaries, I don’t agree that Mum would not have wanted all her grandchildren as beneficiaries, as with all her great grandchildren - which meets your approval - and I don’t agree that the inclusion of my daughter does not invalidate disproportionate distribution.

Most importantly, I don’t agree with what you propose because you haven’t sold the painting as instructed.

Best wishes,

Uncle Philip

From: philip

Sent: Thursday, August 01, 2013 12:00 PM

To: Paul & Emma Osborne (Ossie's Tennis Coaching)

Cc: daughter

Subject: Re: final financials

Dear Paul,

Thanks for your response and list of intended beneficiaries, by way of clarification I’ll reply in point form as follows:

1. If you consider I’m wasting your time you have the option of removing yourself from the role of executor, you will be no lesser a person for doing so.

2. Why do you think Mum would want to have included all her grandchildren and great grandchildren as beneficiaries with the exception of my daughter?

3. In order to make an informed decision about settlement of the property I need to scrutinise an account of rental accrued, rates paid, sale costs, agent fees and a breakdown of out of pocket expenses. As the executor of Mum’s estate I expect you, not beneficiaries with a conflict of interest, to provide this information in a full and frank manner, not in bits and pieces in response to ongoing requests. How do you account for the $125,621 discrepancy between the sale price and disbursements to principle beneficiaries and how have you included disbursements to intended minor beneficiaries in your calculations?

4. The “blame” as to why my daughter and granddaughter are not mentioned in Mum’s Will and why it inappropriately disproportionately distributes Mum’s estate in favour of my siblings on redundant grounds I’m not “placed with the financial burden of rearing [my] own children”, rests entirely, as Rowan has confirmed, with your mother, who replaced Mum’s original Will with one she organised while Mum was dependent on her. Anne breached a duty of care, obtained from Mum’s dependence, to update the Will to reflect Mum’s intent as you’ve acknowledged, a breach which advantages her to an amount in the order of $140,000, half of which Rowan receives. There appears to be a clear prima facie case your mother has committed a substantial fraud with regard to Mum’s Will, of a calibre which in the normal distribution of an estate invalidates her entitlement. So, as the person responsible for a serious breach of a duty of care towards Mum over her Will, why is your mother receiving any entitlement at all?

5. During the meeting at Doveton “a long time ago” I requested that the painting be professionally valued so it’s condition could be determined and adequate insurance coverage made, a request I reminded you of in subsequent correspondence. The painting has not been valued by an expert in Victorian heritage artwork and has remained on trust to you for the past sixteen months in a high risk bushfire district without adequate insurance, in the custody of a person who is cavalier with it’s care. Prior to viewing Mum’s Will, I acknowledged that keeping the painting in the family was an option, but after noting over some time my siblings’ incompetence in it’s care my preferred option prior to settlement is that the painting is sold, as I informed you in an email of 16 January, 2013 that:

“I did not agree, unilaterally, that the painting should not be sold, only that it was an option, one which given the reluctance of my siblings to gain an assessment of its condition through valuation has led me to conclude my share should be sold to an institutional investor with the clout to ensure the painting will be properly valued, housed and cared for in the professional manner due a heritage painting.”

The Victoria Artists Society recommend Mr David Freeman (0419 578 184 / 03 9855 2255) as both a valuer for sale or insurance purposes and auctioneer.

6. The loan from my siblings and the disbursement of the estate are separate matters.

Please feel free to call Brigitte on 0424 234 796 for further clarification.

Best wishes,

Uncle Philip

From: Paul & Emma Osborne (Ossie's Tennis Coaching)

Sent: Wednesday, July 31, 2013 9:40 AM

To: philip

Subject: Re: final financials

Hi Philip,

I find it very sad that you are unable to talk about this on the phone... in fact I find your whole line of questioning very sad indeed. I’m not sure what your agenda is here. You are simply holding up the entire process of fund distribution for all involved and wasting more of my time. I’m also unsure why you would mention that Anne should not receive her 37% share as per the Will after she has loaned you money over the past 18 months, assisted you financially to attend the funeral and suggested that Kiandra be given $4000 as a good faith gesture even though it is not part of the Will. I also cannot work out why you keep mentioning the painting to me when that matter was resolved a long time ago at the meeting we had in Doveton... it is simply now owned by the three of you and you all agreed to keep it in the family and not have it sold. Please contact Anne/Rowan with any concerns/questions you have over the painting as my job is done there.

I shall attempt to answer your many questions as best as possible but I suggest you read your copy of the Will carefully as many are clearly answered there.

Please note the following...

The 6 grandchildren are clearly mentioned in the Will but Bridget is not. If you wish to be angry/upset with someone about this then please blame Valda and not me. Only 2 great grandchildren are mentioned in the Will but it was Valda’s full intention that all great grandchildren receive $4000 each therefore Harvey, Lara and Harper were included. As a good will gesture Anne and Rowan suggested that Kiandra and Taylah who remain a large part of yours and Michael’s lives also receive $4000... after much consideration I agreed that this was a fair and reasonable decision and would have been what Valda wanted. Unfortunately the Will was not updated often enough and in my opinion was not adequately written by the Lawyer to include the great grand-children born after Damon but we do the best we can with the information available to us. I did not feel that it was fair and reasonable however to include Valda’s daughter-in-laws, Emma and Kylie, in the disbursement of funds as they were not mentioned in the Will and although Valda loved Emma very much she was not a fan at all of Kylie.

The next email I send will be the financials received from the Conveyancer regarding the sale of Langmore Lane (they were emailed to me last week and I apologise for not forwarding this onto you earlier).

Other financial information has been provided by Anne and Rowan for their out of pocket expenses and monies paid from the rental income... I trust these people and although they do have documentation regarding all expenses I do not need to see or keep receipts myself to complete this job. I certainly do not need to chase things up upon your orders as I do not work for you. Feel free to visit Anne and Rowan if you would like to view a copy of these documents – I’m sure they will be happy to show you.

Regarding the 37/37/26 share I am simply following Valda’s wishes and not changing this upon your request/order. You knew this was the breakdown a long time ago and you has 6 months to do something about it but you choose to accept it. Hence I find it annoying and inappropriate that you have an issue with it now.

As mentioned, my job here is simply to carry out the wishes of Valda and I am confident that I have done this to the best of my ability as she asked me to. I have done this totally free of charge however the 30+ hours out of my life and various financial expenses will never be reimbursed as I do not believe Valda would have appreciated me billing her estate for my efforts. A simple “Thank-you” is all I ask for from Rowan, Anne and yourself.

The next available time I have to visit the bank and distribute the funds that everyone is waiting for is Monday morning so please confirm with me prior to 9am Monday if you would like the $246287 deposited into your nominated account on Monday morning.

Regards

Paul

Ossie's Tennis Coaching: Director of Tennis

Master Club Pro (level 3) tennis coach

Website: oztenniscoach.webs.com

Office: 5629 2121 Mobile: 0413 594 633

Facebook: Ossie's Tennis Coaching

Facebook: Cardio Tennis at Pakenham Regional Tennis Centre

Berwick & District Tennis Association Secretary

Website: bdta.com.au

Facebook: Berwick & District Tennis Association

From: philip

Sent: Tuesday, July 30, 2013 3:00 PM

To: Paul & Emma Osborne (Ossie's Tennis Coaching)

Subject: Re: final financials

Dear Paul.

Thanks for the message you left on my mobile at 11.15 am this morning inviting me to discuss my concerns with you over the phone.

I’ve read your brief financial statement and replied by email as requested, and expect you to remain consistent to your request and answer me by email in a manner appropriate to your role as executor.

You’ve yet to provide me with any information, documented or otherwise, as to how you arrived at the amounts contained in the financial statement and so I’m unable to form an opinion as to whether I concur with them or not.

Neither have you provided a satisfactory response to my concerns over the inequitable distribution of funds, the breach of a duty of care your mother appears to have committed and the welfare of the painting.

Please respond by email at the first opportunity.

Best wishes,

Uncle Philip

From: philip

Sent: Tuesday, July 30, 2013 11:00 AM

To: Paul & Emma Osborne (Ossie's Tennis Coaching)

Subject: Re: final financials

Dear Paul,

It might be best from the tone of your reply that you consider removing yourself from the role of my mother’s executor.

For the present, you appear to have used your discretion to include as beneficiary my granddaughter but not my daughter, whose relationship with Mum approached nine years and who was confirmed as Mum’s granddaughter with the arrival of a great granddaughter in 2008.

You’ve also failed to divide the funds equitably between my siblings and myself consistent with Mum’s intent since like my siblings, I have a family of my own which invalidates the reason the Will gives for disproportionate disbursal - that I am not “placed with the financial burden of rearing [my] own children”.

Can you please forward a copy of all documentation with regard to the sale of the property, including sale price and costs, lease and rental obtained prior to sale, receipts for out of pocket expenses, as well as a complete statement of how you intend to disburse funds, not just to principle beneficiaries, information you’re currently withholding from me?

Neither have you provided a satisfactory response as to your mother’s clear breach of a duty of care which, in the normal course of disbursal of an estate, invalidates her entitlement altogether.

I also expect you will honour your duty as executor to secure the painting and distribute ownership to myself and my siblings once it is properly valued, insured and housed in long term storage, accompanied by advice of ongoing costs concerning it’s storage to be shared between my siblings and myself, or sell it at public auction. You hold the painting in trust, it is your responsibility until the estate is settled unless you no longer wish to act as executor, in which case, can you please advise all beneficiaries at the earliest opportunity?

Best wishes,

Uncle Philip

From: Paul & Emma Osborne (Ossie's Tennis Coaching)

Sent: Monday, July 29, 2013 12:59 PM

To: philip

Subject: Re: final financials

Hi Philip,

The painting is owned by Rowan, Anne and yourself so it cannot be sold unless all 3 of you wish to do so (or perhaps 2 of the 3 at least – I’m not certain on this). There is no mention of insurance or location of the paining in the Will so that is something between the 3 of you to communicate and arrange, not me. The Will together with the many conversations I had with Valda over the last 5+ years of her life does reflect her intentions – that is why all grandchildren and even Kiandra are receiving funds. My role is simply to sell Langmore Lane and distribute the funds as she intended and this is what I plan to do. I have wasted way too much time, energy and money in this matter so I am keen to have it all sorted by Wednesday and hope there are no further issues that need to be addressed.

Regards

Paul

Ossie's Tennis Coaching: Director of Tennis

Master Club Pro (level 3) tennis coach

Website: oztenniscoach.webs.com

Office: 5629 2121 Mobile: 0413 594 633

Facebook: Ossie's Tennis Coaching

Facebook: Cardio Tennis at Pakenham Regional Tennis Centre

Berwick & District Tennis Association Secretary

Website: bdta.com.au

Facebook: Berwick & District Tennis Association From: philip

Sent: Monday, July 29, 2013 12:45 PM

To: Paul & Emma Osborne (Ossie's Tennis Coaching)

Subject: Re: final financials

Dear Paul,

Thanks for your email about the settlement of Mum’s estate.

I have two concerns I’d like to bring to your attention.

Firstly, the painting hasn’t been valued. Rowan claims it’s insured but won’t say who valued it for insurance purposes, when the painting was valued, what the valuation was, whether the valuation took into account it’s location in a high risk bushfire area or provide any documentation as to any valuation. Both Rowan and Anne resisted any attempt to value the painting from the very outset of negotiations over Mum’s will, so, inclusive of their failure to act over the past sixteen months, are demonstrably unconcerned about it’s condition or welfare and unsuitable to act as custodians in it’s ongoing care, especially in consideration of an artwork of considerable heritage value. Since I don’t have the facility to give due care to the painting myself, the only reasonable options remaining are to place it in storage at shared cost until either I die or outlive my siblings, or sell it at public auction. So can you please either make arrangements for the secure storage of the painting or sell it at public auction at the first opportunity and add the proceeds to the settlement? I can assist you with information about long term storage or an appropriate auctioneer for heritage Victorian artwork if you require.

Secondly, the Will is out of date and doesn’t reflect Mum’s intent. When Mum lived independently she made a Will which divided her estate equitably amongst her children and left it with her solicitor in Berwick. When she became dependent on others, Anne organised a new Will which significantly advantaged herself through a disproportionate distribution of Mum’s estate ostensibly on grounds that I had no family of my own, which, in her dependence, Mum signed. Rowan has informed me he had nothing to do with drawing up the replacement Will so Anne, alone, obtained a duty of care to look after the Will, which she subsequently breached by failing to organise updates consistent with Mum’s clear intent. With no objection from any family member, Mum accepted my daughter and several great grandchildren into her family during the period Anne held a duty of care over the Will, from it’s signing until Rowan obtained power of attorney. Since the inclusion of my family invalidates the disproportionate distribution of the Will, Anne’s breach of her duty of care significantly favoured herself in the distribution of the estate, a substantial fraud which, by longstanding principle with regard to wills, invalidates her entitlement. By her own behaviour Anne has forfeited entitlement to Mum’s estate, so why is she receiving any money?

Thanks again for taking on the role of executor.

Best wishes,

Uncle Philip

From: Paul & Emma Osborne (Ossie's Tennis Coaching)

Sent: Monday, July 29, 2013 10:07 AM

To: Philip McKeon ; Rowan McKeon ; Anne Osborne

Subject: final financials

Hi All,

Please find attached the final workings of the financials... note the 3 tabs. Could you please confirm via reply email that you have read this.

If you have any questions please ask.

Once I hear back from the 3 of you I shall to go to the bank and deposit all fund accordingly... probably on Wednesday. Regards

Paul

Ossie's Tennis Coaching: Director of Tennis

Master Club Pro (level 3) tennis coach

Website: oztenniscoach.webs.com

Office: 5629 2121 Mobile: 0413 594 633

Facebook: Ossie's Tennis Coaching

Facebook: Cardio Tennis at Pakenham Regional Tennis Centre

Berwick & District Tennis Association Secretary

Website: bdta.com.au

Facebook: Berwick & District Tennis Association

(2)

From an email on the hard drive of my broken laptop which I understand can be recovered.