Well-known racing character Bill Keast's two wills have been the cause of division between his children Lance, Zilda, Christina, Dianne and Tracey. Photo / Thinkstock
Well-known racing character Bill Keast's two wills have been the cause of division between his children Lance, Zilda, Christina, Dianne and Tracey. Photo / Thinkstock
Opinion by
When well-known Southland harness racing character Bill Keast died in 2013 aged 86, much was written acknowledging his contribution as a breeder, owner-trainer and administrator.
The former Aparima farmer and father of five produced a number of honest horses which made a few bob for their owners and every so often rewarded the punters on race day.
They even have a race named after Bill.
Unfortunately, Bill's two wills have since been the cause of division between his children Lance, Zilda, Christina, Dianne and Tracey.
That's mainly because Bill's estate comprised almost entirely of one asset - the balance of a debt owed to him by son Lance and daughter in law Leanne to the tune of $862,067.29.
How it was to be divided came down to two different wills.
Bill's 2011 will left each of his four daughters $100,000 and the balance to son Lance.
His 2012 will divided the estate equally between the five children.
The difference between the 2011 will and the 2012 will meant Lance was required to repay the estate $690,000, instead of $400,000 under the 2011 will.
Relations between Bill's offspring deteriorated as they squabbled bitterly over the second will.
The sisters claimed Lance's financial success - his assets totalled about $8 million - was based in part on buying his father's farm at undervalue and also ongoing arrangements which meant Lance was not paying a true interest rate on the balance.
Lance opposed the granting of probate in respect of the 2012 will claiming it resulted from undue influence on Bill by daughter Zilda, who was managing aspects of her ailing father's life, including his financial affairs.
The only question facing Justice Rachel Dunningham was whether Lance was able to establish that the 2012 will was executed by Bill as a consequence of undue influence on him by Zilda, and therefore did not reflect his true wishes.
Justice Dunningham heard how Bill and Lance had an amicable relationship but their conversations at times involved "strident language" when discussing debt - examples of which were given in two tape recordings made by Zilda.
The tape recordings, essentially of heated discussion between Bill and Lance and sprinkled with swearing, provided an insight not normally available in estate litigation to hear the "interaction" between Bill and other family members.
Justice Dunningham found Zilda, supported by her sisters, did no more than a dutiful daughter would have done for her father and undertook her role conscientiously with his best interests in mind.
Granting probate of the 2012 will, the judge found it was not influenced by Zilda and was - by some margin - a reflection of Bill Keast's own wishes.
Winter solstice winners
Each year at this time CaseLoad delivers his verdict on the best places for CaseLoaders to be out and about and seen and heard.
This involves much on-going, on-site research and extensive hands-on soundings.
Venues are often re-visited many times to ensure they make the grade and to weed out cheap imitators unworthy of a CaseLoad Star.
CaseLoad's decision is final and that's that.
The Hog Heaven in Newmarket. Photo / Doug Sherring
***** Queen's Ferry, Vulcan Lane (Outside) **** Right Track Sports Bar, Fort Street (Inside) **** The Claddagh, Newmarket (Inside) **** Hurunui Hotel, Hurunui (Inside) *** Hog Heaven, Newmarket (Inside)
Important Disclosure: Not all of them shouted CaseLoad free beer but expect that to be rectified in time for CaseLoad's Bumper End Of Year Holiday Special...
Footnote: The Ladies & Escorts Lounge is an invitation-only establishment and not subject to consideration.
Legal folk are dancing with delight at news a pair of wealthy Maori tribes - Ngati Whatua and Tainui - plan a courtroom challenge to a government move to use "their" land for housing.
"At last the wobbly gravy train looks like it's getting back on track with plenty of legal koha to go round," said An Interested Onlooker From Te Waipounamu.
"Jammy pieces for everyone," said Our Man At The Bar, groping for something inclusive to say in te reo.
"Land occupation and a taniwha find is my bet," said The Scunner.
To absent friends
Lecretia Seales.
John Marshall QC (68), Sir Peter Williams QC (80), Lecretia Seales (42), Sir Tom Gault (76), David Wilson (83), Rosemary Monaghan (58), David Smyth (56).
What's in a name?
A branch of the NZ Law Society representing 2,620 in-house/corporate lawyers has changed its name to the In-House Lawyers Association of New Zealand (ILANZ).
It was previously called the Corporate Lawyers Association of New Zealand (CLANZ). Apparently, 62 per cent of in-house lawyers work in government, academic and not for profit sectors.
B*st*rds still and more promised
B*st*rd monitor, John of Wellington, is hard at it.
"Judge Robbie Ronayne is a moody b*st*rd.
Judge David Harvey a very clever b*st*rd."
As for Auckland Crown Solicitor Brian Dickey, John says there will be more to come.
Dickey had success at the Ellerslie races the other day, as part owner [along with Queen's Counsel Paul Francis Wicks and others] of galloper Gravano.
Reluctant as he is to stifle freedom of speech, CaseLoad is obliged to comment on some other matters raised by John:
"Whether or not there is, or isn't, gossip in racing circles that Mr Dickey's firm Meredith Connell has, or has not, received briefs in horse racing related prosecutions is nobody else's business.
It may well be that such legal work has been handled by Bell Gully for more than 60 years but even if some of what you say is true then perhaps it's time some fresh blood got a piece of the lucrative action..."
A private letter
"Dear CaseLoad,
I write on behalf of my friend, an anxious Judge, who is troubled by your item on gender-neutral judicial regalia (CaseLoad June 12).
Is it acceptable to wear a suit and tie or to continue squeezing into a selection of frocks from Diaphanous Dorothy, in High Street? And is either acceptable at the Ladies & Escorts Lounge?"
Name Withheld By Request ("It's not me, you understand.")
CaseLoad replies:
"Dear Name Withheld By Request,
Your Judge friend is not alone... Queries in a similar vane have been received from other friends of Their Honours and CaseLoad has but one answer - whatever rows your boat, Toots...
By the way, we know who you are..."
"It's not the one with the big hair, is it?" said Our Man At The Bar, rummaging through his box of indiscreet Vulcan Lane snaps.
