An apparent error on a death certificate led to a practical impossibility: how do you prove someone never existed?
Given the high standard of proof required for evidence in court, it is a logical impossibility to prove a negative. No evidence can be called to prove something didn’t happen, or that something or someone does not exist. Circumstantial evidence can suggest this is the case, but that is not conclusive.
Proving a negative is a particular problem with inheritances; witnesses who could otherwise provide valuable evidence may be dead.
Yet some finality is necessary; enabling distribution of estate assets, allowing following generations to get on with their lives.
The Public Trustee sought High Court approval to finalise distribution of the estate of Pita Cooper, who died in February 1986. His spouse pre-deceased him.
Mr Cooper died without leaving a will.
With no surviving spouse, intestacy rules decree that his net assets be divided equally between his children.
The only record held by the Public Trust was Mr Cooper’s death certificate, stating he had five children.
One died before his father. Having left no children, this branch of the family received no inheritance.
Three other children were known: Pene, Pita and Dolly. They had no knowledge of a fifth child, supposedly another daughter, according to Mr Cooper’s death certificate.
The Public Trust distributed a one quarter share to each of the known children, holding back the fourth portion, amounting to $165,500 in 2025, in trust for the fifth child, yet to be found.
The High Court was told of Public Trust employing a genealogist to carry out an extensive historical search. This included searches of online social media. Members of extended family were contacted, seeking information about existence of an unknown fifth child.
No trace was found.
Justice Grice stated all reasonable steps had been taken to identify a fifth child. It appears there may have been a mistake on the death certificate, she said.
Using Trust Act powers, Justice Grice ordered the remaining $165,500 be divided three ways between the known surviving children.
re Estate Pita Pani Cooper – High Court (23.05.25)
25.125