Son retraces Dad’s last trip
Missing man’s family in quest to prove his death. Jennifer Eder reports.
A man whose father has been missing for five years has been told a death certificate is not enough proof of death to allow him access to his father’s money.
Despite the coroner ruling Kerry Blair likely fell overboard in a boating accident or committed suicide, his children are struggling to claim his estate thanks to legal red-tape.
Kerry Blair took his boat Erie from his Marlborough Sounds property to get fish and chips about 4pm on March 8, 2014, but never came home. His boat was found nine days later off the coast of Taranaki.
His children are now trying to withdraw their father’s modest savings, and need a letter of administration from the High Court so an executor can divide the funds between them.
But the High Court at Auckland has requested an affidavit from a police officer or rescue professional who worked the case, saying registrars need extra evidence.
Kerry Blair’s son Dylan is shocked the coroner’s findings and death certificate were not sufficient.
‘‘We’re lucky Dad didn’t have any big assets, and we don’t have to pay his mortgage. But you can see how for someone else, it could be a real problem,’’ Blair said.
‘‘I’d rather the old man came back, than have the money, of course. We just want to tidy up all his affairs and his estate.’’
University of Otago law professor, Dr Nicola Peart, said a person in Dylan Blair’s position could either apply for a review of a registrar’s decision, which was ‘‘very expensive’’, or ‘‘take the easiest option’’ and try to find ‘‘probably the same kind of evidence the coroner used.’’
She had never heard of a registrar requiring evidence beyond a death certificate, but said the registrar could have good reason for the request.
‘‘We can never be certain of [Kerry Blair’s] death . . . he may suddenly reappear. We know he was on a boat and shipwrecked . . . but we just don’t know what happened.’’
The coroner ruled there was no evidence of foul play, or of the disappearance being staged.
Wellington High Court registrar and specialist technical adviser John Earles said because no body had been identified, it was ‘‘very normal procedure’’ to have to apply ‘‘for leave to swear death’’ including affidavits laying out the circumstances of the death and any life insurance details.
Smith and Partners estate lawyer Carolyn Ranson said cases without a body were very unusual, but the registrar’s request was not.
‘‘Sometimes you look at it and think it doesn’t make sense, but it’s one of those areas where the courts are very particular because there’s lots at stake. Because you’re talking about what can be a significant amount of assets.’’
Dylan Blair’s family lawyer had tracked down the police officer who boarded the boat when it washed up empty. They were waiting for a response.
‘‘But how come his affidavit would hold more weight than me or my sister’s, or the coroner? It just blows me away.’’
‘‘I’d rather the old man came back, than have the money, of course. We just want to tidy up all his affairs and his estate.’’ – Dylan Blair