Re P (Presumption of Death)

Re P (Presumption of Death)

The court was satisfied that P had not been known to be alive for over seven years, and all procedural requirements were met; therefore, a declaration of presumption of death was granted under s.2(4) of the Presumption of Death Act 2013.

Parties
Applicant: C; Litigation Friend for Applicant: D; Missing Person: P
Jurisdiction
England and Wales
Judgment Date
17 November 2021
Procedural Posture
Presumption of Death Application / Judgment
Outcome
Declaration of presumption of death granted.
Legal Topics
Presumption of Death, Missing Persons, Declaration of Death, Jurisdiction, Sufficient Interest
Family Law Probate Presumption of Death Missing Persons Declaration of Death Jurisdiction Sufficient Interest

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Parties

C

Applicant

D

Litigation Friend for Applicant

P

Missing Person

Procedural Posture

Presumption of Death Application / Judgment

Legal Issues

  1. 1 Whether P is presumed dead under the Presumption of Death Act 2013
  2. 2 Whether the applicant has sufficient interest to bring the application
  3. 3 Compliance with procedural requirements for declaration

Ratio Decidendi

The court was satisfied that P had not been known to be alive for over seven years, and all procedural requirements were met; therefore, a declaration of presumption of death was granted under s.2(4) of the Presumption of Death Act 2013.

Court Disposition

Declaration of presumption of death granted.

Orders

  • Declaration that P is presumed to have died at midnight on 16 May 2018.
  • Order to send declaration to Registrar General for entry in Register of Presumed Deaths.