Bayes- Walker & Anor v Bayes- Walker & Ors

Bayes- Walker & Anor v Bayes- Walker & Ors

Due enquiries have been made suitable to the circumstances and no evidence of life exists; therefore, David Stuart Bayes-Walker is to be presumed dead for the purposes of defining rights between the claimants and the insurance/trust defendants.

Parties
Claimant: Christopher David Bayes-Walker; Claimant: James William Bayes-Walker; Defendant: David Stuart Bayes-Walker; Defendant: Aviva Life & Pensions UK Limited; Defendant: Aegon Asset Management UK Limited
Jurisdiction
England and Wales
Judgment Date
02 December 2010
Procedural Posture
Civil / Judgment
Outcome
Declaration granted
Legal Topics
Presumption of Death, Declaration of Death, Life Insurance Policy, Trusts
Probate Insurance Presumption of Death Declaration of Death Life Insurance Policy Trusts

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Parties

Christopher David Bayes-Walker

Claimant

James William Bayes-Walker

Claimant

David Stuart Bayes-Walker

Defendant

Aviva Life & Pensions UK Limited

Defendant

Aegon Asset Management UK Limited

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether David Stuart Bayes-Walker should be presumed dead for the purposes of insurance and trust property

Ratio Decidendi

Due enquiries have been made suitable to the circumstances and no evidence of life exists; therefore, David Stuart Bayes-Walker is to be presumed dead for the purposes of defining rights between the claimants and the insurance/trust defendants.

Court Disposition

Declaration granted

Orders

  • Declaration that, as between the claimants, Hayley Pointon, Aviva Life & Pensions UK Limited, and Aegon Asset Management UK Limited, David Stuart Bayes-Walker is to be presumed to have died for the purpose of the policy and the units.