Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 13 November 2020.
John, a 75 year old, experienced mariner, purchases a second-hand 42-foot vessel interstate. He and his son, Steve commence the two-day sail home.
They take three-hour shifts at the helm of the craft, sailing through the night.
At around midnight on the second night, John descends below deck to get some rest.
A few hours later, in tragic circumstances, the vessel broaches and lays on its side. Water covers the deck and enters the cabin.
Steve activates the emergency radio beacon and pulls John clear from beneath the surface of the water.
Water continues to enter the vessel and John and Steve become separated. Steve loses sight of his father and does not see him again.
Within 20 minutes, the New South Wales Water Police has been notified, a number of vessels in the area diverted to the scene and an emergency radio signal broadcasted.
Within 90 minutes, Steve has been located by a search helicopter.
After 12 hours, the search for John concludes due to the dangerous conditions and he had not been located.
Several months pass and John’s widow begins administering his estate. She is advised that she needs to obtain a grant of probate, given the nature of John’s assets.
In the circumstances, she is unable to obtain a Death Certificate and makes an application to the Court.
The Court notes that there is no evidence that John had used any of his bank accounts, nor dealt with any of his property and in circumstances where he had not been seen after the events of that fateful night, declares that on the balance of probabilities, John had died and grants probate, dispensing with the requirement to file a death certificate.
If YOU would like a particular issue addressed please email Manny at manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.
