The Public Trustee of Queensland as Administrator of the Estate of Phyllis Mary Hoskin, deceased v Hoskin

The Public Trustee of Queensland as Administrator of the Estate of Phyllis Mary Hoskin, deceased, sought advice and directions in relation to the distribution of the deceased's estate upon intestacy. The deceased, who died without issue or a spouse, had an estate valued at approximately 1.2 million dollars, primarily comprising assets inherited from Aaron Hoskin's Will, which bequeathed twenty per cent of his estate to "Mary Phyllis Hoskin". The deceased died without a birth certificate, and documentation suggested multiple birth dates. A search of the Queensland Registrar General of Births, Deaths, and Marriages revealed no birth certificate for the deceased, nor any record of an adoption by Aaron and Margaret Hoskin. The Public Trustee undertook extensive investigations and identified three possibilities for the distribution of the estate: it could be distributed to the first respondents, the only known living relatives of the Hoskin family; to the second respondent, the only known relative of the King family; or to the Crown as bona vacantia.

The legal issues involved determining the identity of the deceased at birth, specifically whether she was a child of Aaron and Margaret Hoskin, born Phillis King, or had unidentified biological parents. The court considered various pieces of evidence, including the deceased's school records, army records, and death certificate. Despite the deceased's adoption being mentioned in letters from family members, there was no definitive evidence to support this claim. The court concluded that it was more probable than not that the deceased was the natural child of Aaron Hoskin and Margaret Hoskin, justifying a distribution of the estate to the first respondents. The court directed that the estate be distributed to the first respondents in specific proportions and ordered that the costs of the application be paid from the deceased's estate on an indemnity basis.