Case of Bain family estate remains cloudy

Margaret Bain's will was worded identically to her husband's. Photo / Otago Daily Times

Following his acquittal on murder charges last week, David Bain technically inherits everything from his parents' estate - but whether that will happen remains unclear.

The wills of Robin and Margaret Bain, drawn up in December 1973 and now held in Archives New Zealand's Dunedin office, were viewed by the Otago Daily Times yesterday.

They were worded identically. Each left the other all "real and personal property", with their estates to be shared between surviving children in the event of their deaths. Mr Bain is the only surviving child.

After a second trial, he was acquitted last week of murdering his parents, sisters Arawa and Laniet and brother Stephen at their Andersons Bay home on June 20, 1994.

The lawyer who successfully defended Mr Bain, Michael Reed, QC, said this week that his client's relatives should give back the money he was entitled to from Robin and Margaret's estate.

"It would be very nice if the family gave the money back quickly. It was money they weren't entitled to ... but for a miscarriage of justice."

The Otago Daily Times was not able to contact family members yesterday. One branch of the family did not return messages.

After Mr Bain's acquittal, his uncle, Michael Bain of Wellington, said the family needed time to think about what might happen over the estate.

Robin and Margaret Bain's estate included a house on a 0.4ha section at 65 Every St, two other residential sections, investments and personal possessions which were distributed to members of the wider family.

Mr Reed said Mr Bain had no money.

Wills can be challenged legally, but Mr Reed said that option had not been discussed with Mr Bain. "David is taking a couple of weeks' break from everything."

The present value of the estate had not been discussed or calculated.

A Quotable Value sales history report says the section at 65 Every St was sold in February 1996 for $95,000.

The Otago Daily Times understands about $300,000 was distributed to Bain family members in the mid-1990s. Dunedin law firm Gallaway Haggitt Sinclair and Partners, now known as Gallaway Cook Allan, handled the Bain wills.

Partner David Robinson said yesterday that he had no comment to make about Mr Bain's entitlement to the estate.

He would not say how much the estate was worth in 1994, or how many people received a portion. Citing client confidentiality, he also would not say if any members of the family had contacted him since Mr Bain's acquittal.

- OTAGO DAILY TIMES