Re Plato - [1989] 2 NZLR 360

Evidence — Admissibility — Hearsay — Administration of intestate estate — Proceedings to establish succession for purposes of distribution of deceased's estate — Whether statements in marriage and death certificates were prima facie evidence of the facts there recorded and were admissible in evidence as exception to hearsay rule — Whether statements in former wills made by deceased about his parentage were admissible in evidence as exception to hearsay rule — Births and Deaths Registration Act 1951, s 42 - Marriage Act 1908, s 43.

Wills — Intestacy — Jurisdiction to make Benjamin order — Deceased died intestate without leaving issue, siblings, parents, grandparents or wife — Estate was distributable to the brothers and sisters of his parents provided he was the natural child of his parents, there being some doubt as to his parentage — Whether evidence established prima facie proof that deceased was the natural child of his ostensible parents — Whether Court had jurisdiction to make a permissive rather than a declaratory order authorising distribution of estate on the basis of probable entitlement thereby protecting administrator (a Benjamin order) — Whether Benjamin order should be made — Administration Act 1969, s 77 — Judicature Act 1908, s 16 — High Court Rules, R 447(i).