Family spat over dad’s will

The seven children of a Napier octogenarian have failed in a bid to prevent his younger partner receiving his entire estate.

Kelvin ‘‘Jon’’ Naysmith died at the age of 80 in September 2013. Three months before dying, he wrote a will leaving his entire estate to his partner, Phensri Khophimai. His children say he was old, with failing health and had been put under undue influence by Khophimai to sign.

They said she was never his partner and claimed the signature on the will was a forgery.

Khophimai, who is in her 50s, disputed this and applied to the High Court for a declaration that Naysmith’s will was valid.

In a hearing before Justice Karen Clark in March, the children were represented by one of Naysmith’s four adult daughters, Carlene Laurenson.

She said the will was invalid because it was only signed by one witness when the law required two witnesses.

They had taken the will to a handwriting expert, Michael Maran, who said Naysmith’s signature was ‘‘non-genuine’’ and was ‘‘an attempted simulation’’, probably by the sole witness, Rodney Stone.

The will was studied by senior police document examiner Patricia James, who disagreed with Maran and said it was not an attempted forgery.

The judge preferred James’ evidence, and noted that even Maran had accepted James was more likely to have reached the correct conclusion.

Laurenson said Naysmith had type 2 diabetes, severe coronary artery disease, hypertension and

gout. He had no legal advice nor assistance, and had never said anything about living with another woman.

Khophimai said she became friends with Naysmith at the end of 2010 and started a relationship in October 2012.

She claimed to have lived with him in his council flat from that date and produced an email from a Napier City Council staff member in which she was given permission to move into the flat.

Stone, who had known Naysmith since 2009, said he frequently visited the couple at the flat. Naysmith did not talk about his children and as far as he knew they did not visit him, he added.

When he witnessed the will, Stone said he asked Naysmith if he was sure that this was what he wanted.

He said Naysmith said his children would be OK ‘‘but Phensri had nothing’’.

Justice Clark said Stone was a ‘‘credible witness’’ who had nothing to gain from being involved in the court proceedings, whereas Laurenson ‘‘failed to bring any evidence to support any of her claims’’.

In a decision released this week, Clark said she was satisfied that Naysmith and Khophimai were in a relationship and there was nothing to suggest he had been unduly influenced, nor that he lacked testamentary capacity.

While the will did not comply with the Wills Act by having only one witness present, ‘‘I am satisfied that the statutory prerequisites for declaring the document to be a valid will are met’’, she said.

The decision did not say what the estate was worth.

Khophimai was awarded costs. She could not be contacted.