A v H (Presumption of Death) (rev 1)

A v H (Presumption of Death) (rev 1)

The court was satisfied that Mrs. SH has not been known to be alive for at least seven years, that Mr. FA is habitually resident in England and Wales, that he has standing as spouse, and that all reasonable steps to trace Mrs. SH were taken. Therefore, the statutory requirements for a presumption of death declaration were met.

Parties
Claimant: Mr. FA; Defendant: Mrs. SH
Jurisdiction
England and Wales
Judgment Date
22 March 2016
Procedural Posture
Presumption of Death Application / Judgment
Outcome
Declaration granted
Legal Topics
Presumption of Death, Missing Persons, Declarations of Status
Family Law Civil Procedure Presumption of Death Missing Persons Declarations of Status

Case Brief

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Parties

Mr. FA

Claimant

Mrs. SH

Defendant

Procedural Posture

Presumption of Death Application / Judgment

Legal Issues

  1. 1 Whether Mrs. SH is to be presumed dead under the Presumption of Death Act 2013
  2. 2 Whether the claimant has satisfied statutory requirements for such a declaration

Ratio Decidendi

The court was satisfied that Mrs. SH has not been known to be alive for at least seven years, that Mr. FA is habitually resident in England and Wales, that he has standing as spouse, and that all reasonable steps to trace Mrs. SH were taken. Therefore, the statutory requirements for a presumption of death declaration were met.

Court Disposition

Declaration granted

Orders

  • Declaration that Mrs. SH is presumed to have died on 30th January 2005.
  • Order to record the declaration as conclusive of Mrs. SH’s presumed date and time of death.