Siblings seek closure after 50 years

WILLIAM disappeared 50 years ago, when he was in his mid-20s.

He was not married and had no children.

William’s sister, Jane discovers that William had superannuation and life insurance.

However, Jane is unable to have the funds released because there was no will and no death certificate.

Jane sees a solicitor and is advised that she will need to obtain a grant of “letters of administration” to have the authority to claim William’s super and life insurance.

This grant is similar to a grant of probate but is made in circumstances where there is no will.

Jane is advised that because there is no death certificate or will, extensive searches will need to be made before the Court will approve her application.

Searches are made with Births, Deaths and Marriages, Centrelink, the Department of Corrective Services, ASIC, the Department of Immigration, the Salvation Army and the four big banks.

Affidavits are sworn, detailing the searches that were made and confirming that none of William’s family members have had any contact with him since his disappearance.

William’s five siblings sign consents, confirming that they agree to Jane obtaining a grant.

An application is made to the Supreme Court.

A barrister is retained to make written submissions and the matter is dealt with “in chambers”.

The Judge asks for further searches to be made through the New South Wales Police and Facebook but these searches also prove unsuccessful.

The Court states that the “presumption of death” can be applied if there is no knowledge of the person being alive after seven years.

The Court ultimately rules that on the balance of probabilities, William is presumed to have died and that Jane is the appropriate person to administer his estate.

The Court orders that Jane be granted letters of administration on the basis that she distribute William’s estate equally amongst herself and his other surviving siblings.

Email Manny Wood TB Law at manny@tblaw.net.au or call him on (02) 66 487 487. This column cannot be relied upon as legal advice.

By Manny WOOD, Solicitor