Johnson v No Named Defendant

Johnson v No Named Defendant

The court, satisfied on the balance of probabilities that Norman Reginald Johnson is dead but unable to determine the precise date of death, must by law declare him presumed dead at the time of the hearing, namely 11:30 AM on 5 February 2020, pursuant to section 2(3) of the Presumption of Death Act 2013.

Parties
Claimant: Ronald Philip Johnson; Missing Person: Norman Reginald Johnson
Jurisdiction
England and Wales
Judgment Date
06 February 2020
Procedural Posture
Presumption of Death Application / Final Hearing and Judgment
Outcome
Declaration of presumed death granted
Legal Topics
Presumption of Death, Intestacy, Severance of Joint Tenancy, Devolution of Estate
Probate Property Law Presumption of Death Intestacy Severance of Joint Tenancy Devolution of Estate

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Parties

Ronald Philip Johnson

Claimant

Norman Reginald Johnson

Missing Person

Procedural Posture

Presumption of Death Application / Final Hearing and Judgment

Legal Issues

  1. 1 Whether Norman Reginald Johnson is to be presumed dead under the Presumption of Death Act 2013
  2. 2 What is the legally presumed date and time of death for estate and property purposes

Ratio Decidendi

The court, satisfied on the balance of probabilities that Norman Reginald Johnson is dead but unable to determine the precise date of death, must by law declare him presumed dead at the time of the hearing, namely 11:30 AM on 5 February 2020, pursuant to section 2(3) of the Presumption of Death Act 2013.

Court Disposition

Declaration of presumed death granted

Orders

  • Declaration that Norman Reginald Johnson is presumed to have died at 11:30 AM on 5 February 2020