The Application of Jill May Morison; In the matter of Neil Walter Morison [2022] NSWSC 1758

The Application of Jill May Morison; In the matter of Neil Walter Morison [2022] NSWSC 1758

The Court declared, on the balance of probabilities and having regard to the lengthy absence, exhaustive searches, absence of communication, and lack of evidence of continued life, that Neil Walter Morison is presumed dead and administration of his intestate estate should be granted to the Plaintiff, with leave to distribute the estate among surviving siblings and the issue of deceased siblings.

Parties
Plaintiff: Jill May Morison
Jurisdiction
Australia
Judgment Date
19 December 2022
Procedural Posture
Succession Probate and Administration / Determination of Presumption of Death, Grant of Administration on Intestacy
Outcome
Declaration of presumed death; grant of administration on intestacy; leave to distribute estate; dispensation of bond and sureties; costs paid from estate.
Legal Topics
Presumption of Death, Letters of Administration, Declaratory Relief, Intestacy, Distribution of Estate
Succession Law Practice and Procedure Presumption of Death Letters of Administration Declaratory Relief Intestacy Distribution of Estate

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Parties

Jill May Morison

Plaintiff

Procedural Posture

Succession Probate and Administration / Determination of Presumption of Death, Grant of Administration on Intestacy

Legal Issues

  1. 1 Whether presumption of death may be relied upon to make declaration that the missing person is not alive
  2. 2 Whether declaratory relief should be made that a person missing for about 50 years, upon presumption of death, is no longer alive

Ratio Decidendi

The Court declared, on the balance of probabilities and having regard to the lengthy absence, exhaustive searches, absence of communication, and lack of evidence of continued life, that Neil Walter Morison is presumed dead and administration of his intestate estate should be granted to the Plaintiff, with leave to distribute the estate among surviving siblings and the issue of deceased siblings.

Court Disposition

Declaration of presumed death; grant of administration on intestacy; leave to distribute estate; dispensation of bond and sureties; costs paid from estate.

Orders

  • Declared Neil Walter Morison presumed dead as at date of proceedings.
  • Declared no Will was left by Neil Walter Morison.