The family late Melbourne radio legend Keith McGowan is locked in a legal battle over his will.
McGowan, 70, died three days before Christmas 2013 after suffering a stroke in his sleep.
The veteran 3AW presenter’s wife Angela McGowan, who was gifted his estate, is suing his son from his first marriage, Nathan McGowan, and granddaughter, Jessica McGowan, after they lodged a caveat on her South Yarra home she shared with him.
The pair say McGowan’s will details they have a claim on the property.
But in a writ filed in the Supreme Court, Mrs McGowan, who married the broadcast personality in February 2005, says her husband had breached a mutual wills agreement (MWA) they had made, making the contract void.
In February 2012, she said the couple agreed to make identical wills with conditions that meant neither was allowed to make any changes without each other’s consent.
If he died before her, she would be gifted his entire estate.
But then Mrs McGowan’s will would leave half of her estate to his granddaughter, Jessica, and the other half to her two children.
If Jessica did not survive to her 23rd birthday, her half would be gifted to his son, Nathan.
But the widow says her husband, in May 2013, breached their agreement by changing the beneficiary of his superannuation death benefit of $287,000 to his son, Nathan.
She said it was “a breach of a fundamental term” of their agreement, meaning McGowan had “repudiated his obligations under the MWA” and she was no longer bound by its terms.
Mrs McGowan has asked the court to order the caveat be removed from her home.
McGowan was on the radio for more than 50 years across 17 stations, hosting 3AW’s Overnighters program for 21 years until retiring in July 2011.
He was recognised posthumously in the 2014 Queen’s Birthday Honours with an OAM for his 54 years of service to the broadcast industry.