Arthur Wayne Doak's family hasn't heard from him since the 1960s. Photo / 123rf
Arthur Wayne Doak's family hasn't heard from him since the 1960s. Photo / 123rf
Arthur Wayne Doak vanished without a trace. His estranged brother doesn’t know if he’s dead or alive; private investigators can’t track him, and now he’s missed out on a share of his mother’s $250,000 estate.
The search for the man, known as Wayne, dates back almost three decades to whenhis father died in 1995.
It was then that brother Kieron Doak began trying to find him, having not seen Wayne since the 1960s when they were separated as children.
But his pursuit was in vain as all attempts to contact his long-lost sibling were unsuccessful. Then in 2015 the brothers’ mother, Edith Rydolphina Doak, died.
Since Edith’s death, an extensive yet fruitless search has continued for the man who would now be in his mid-70s.
Now, his disappearance is subject to a High Court ruling.
Kieron is the executor of their mother’s estate and has sought an order from the court to allow the distribution of the trust property disregarding the share of Wayne.
Under Edith’s will, the brothers are the only beneficiaries. It states Kieron is to be gifted all of her furniture and other personal effects, while all other property was to go to the men in equal shares.
The net assets to be distributed are valued at approximately $250,000.
The High Court has heard an application in relation to an estate and the missing man.
The recent ruling sets out the background to Kieron’s application, explaining the brothers were separated in 1961 when Wayne went to live with another family in Christchurch at the age of 13. Then in 1968, he moved to Australia.
While the brothers wrote letters to one another after Wayne relocated, their contact ceased after the 1960s.
In 2016, Kieron ramped up his search for Wayne again and two private investigators were enlisted to help.
The investigation reports told the court that New Zealand Customs Service confirmed Wayne had not returned to New Zealand since 1995. But the reports also indicated there had been no trace of Wayne in Australia.
There was no record of his death, or of him on any public indices, commercial or licensing databases, property or rental databases, or court or correctional databases.
There was also no record of him receiving pension or state benefits in New Zealand or Australia as might be expected given his age.
Prior to Kieron filing the application with the High Court, a social media search was undertaken and no record of Wayne could be found.
“[Kieron] deposes that he does not know whether Wayne is alive or dead, and if he is alive where he is living,” the decision stated.
The court heard it was unlikely Wayne had died and he was presumably living in a country other than New Zealand or Australia.
Considering Kieron’s application, Justice Francis Cooke said under the Trusts Act 2019, a trustee can ask the court to allow the distribution of missing beneficiaries’ shares.
But that order can only be made if it is satisfied reasonable measures have been taken to inform the potential beneficiary of their interest in the estate; at least 60 days have passed since the last of those measures were taken; and no potential beneficiary has been located.
Prior to the Trusts Act, the Trustee Act 1956 expected trustees to engage in advertising to locate missing beneficiaries, usually in newspapers.
But the more recent legislation only required the taking of “reasonable measures”, Justice Cooke said.
He accepted on the basis of the evidence provided, and the inquiries conducted in both New Zealand and Australia, that Wayne is unlikely to be in either country.
“In those circumstances, any attempts to engage in advertising would not appear to be reasonable,” the judge found.
“The position may be different in relation to a person likely to be still in New Zealand. This is a case where, literally, it cannot be known where in the world Wayne is.
“I also accept that all reasonable lines of inquiry have been exhausted. It would appear that Wayne has elected to put his life in New Zealand, and his family, behind him, and to leave without trace.”
Accordingly, Justice Cooke made an order that Kieron may distribute all the trust property of the estate disregarding the share of Wayne.
NZME spoke to Kieron about his missing brother but he declined to comment.
