CD, Re presumed death of AB [2019] EWHC 2785 (Ch) (29 October 2019)

CD, Re presumed death of AB [2019] EWHC 2785 (Ch) (29 October 2019)

The court was satisfied on the balance of probabilities that AB had died, but there was insufficient evidence to determine the date of death prior to the hearing. Therefore, the date and time of presumed death is fixed at 11.30 on 18 October 2019, the time the court confirmed the declaration would be granted.

Citation
[2019] EWHC 2785 (Ch)
Parties
Claimant: CD
Jurisdiction
England and Wales
Judgment Date
29 October 2019
Procedural Posture
Application for Declaration of Presumed Death / Judgment After Hearing
Outcome
Declaration of presumed death granted.
Legal Topics
Presumption of Death, Missing Persons, Jurisdiction Under Presumption of Death Act 2013, Procedural Requirements for Presumed Death Applications
Probate Property Law Presumption of Death Missing Persons Jurisdiction Under Presumption of Death Act 2013 Procedural Requirements for Presumed Death Applications

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Parties

CD

Claimant

Procedural Posture

Application for Declaration of Presumed Death / Judgment After Hearing

Legal Issues

  1. 1 Whether the court should grant a declaration of presumed death under the Presumption of Death Act 2013 for AB
  2. 2 How to determine the date and time of presumed death under section 2(2) and 2(3) of the Act

Ratio Decidendi

The court was satisfied on the balance of probabilities that AB had died, but there was insufficient evidence to determine the date of death prior to the hearing. Therefore, the date and time of presumed death is fixed at 11.30 on 18 October 2019, the time the court confirmed the declaration would be granted.

Court Disposition

Declaration of presumed death granted.

Orders

  • Declaration that AB is presumed to have died at 11.30 on 18 October 2019 for the purposes of section 2(2) and 2(3) of the Presumption of Death Act 2013.
  • Judgment to be anonymised.