Irish & Anor, Re Presumption of Death Act 2013

Irish & Anor, Re Presumption of Death Act 2013

The court is satisfied on the evidence that an error was made in the year of birth of the missing person. The proper relief is an order under paragraph 5(2) of Schedule 1 to the Presumption of Death Act 2013, directing the Registrar General to correct the Register of Presumed Deaths.

Parties
Claimant: Ruth Helen Irish; Claimant: David Roger Irish
Jurisdiction
England and Wales
Judgment Date
28 February 2020
Procedural Posture
Presumption of Death Application / Application to Amend Prescribed Information in Order
Outcome
Application granted
Legal Topics
Presumption of Death, Correction of Court Orders, Register of Presumed Deaths
Probate Property Law Presumption of Death Correction of Court Orders Register of Presumed Deaths

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Parties

Ruth Helen Irish

Claimant

David Roger Irish

Claimant

Procedural Posture

Presumption of Death Application / Application to Amend Prescribed Information in Order

Legal Issues

  1. 1 Whether the court can amend the date of birth in the Schedule of Prescribed Information attached to a presumption of death order
  2. 2 What is the proper procedure for correcting such an error

Ratio Decidendi

The court is satisfied on the evidence that an error was made in the year of birth of the missing person. The proper relief is an order under paragraph 5(2) of Schedule 1 to the Presumption of Death Act 2013, directing the Registrar General to correct the Register of Presumed Deaths.

Court Disposition

Application granted

Orders

  • Order under paragraph 5(2) of Schedule 1 to the Presumption of Death Act 2013 directing the Registrar General to correct the Register of Presumed Deaths to show the correct year of birth as 1940.