CD, Re presumed death of AB

CD, Re presumed death of AB

The court was satisfied on the balance of probabilities that AB had died, but there was no reliable evidence to fix the date of death earlier than the hearing. Therefore, the declaration of presumed death was made as of 11:30 on 18 October 2019, the time of the hearing.

Parties
Claimant: CD; Missing Person: AB
Jurisdiction
England and Wales
Judgment Date
29 October 2019
Procedural Posture
Presumption of Death Application / Judgment After Hearing of Application
Outcome
Declaration of presumed death granted
Legal Topics
Presumption of Death, Missing Persons, Jurisdiction Under Presumption of Death Act 2013, Procedural Requirements for Declaration of Presumed Death
Probate Trusts Family Law Presumption of Death Missing Persons Jurisdiction Under Presumption of Death Act 2013 Procedural Requirements for Declaration of Presumed Death

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Parties

CD

Claimant

AB

Missing Person

Procedural Posture

Presumption of Death Application / Judgment After Hearing of Application

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 of the Act
  3. 3 Whether procedural requirements for notification and advertisement were satisfied

Ratio Decidendi

The court was satisfied on the balance of probabilities that AB had died, but there was no reliable evidence to fix the date of death earlier than the hearing. Therefore, the declaration of presumed death was made as of 11:30 on 18 October 2019, the time of the hearing.

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; access to documents only with court permission on notice to CD