EA v NA

EA v NA

The court was satisfied that Mr NA had not been known to be alive for at least seven years since 31 December 2009, and therefore, in accordance with s.2(4) of the Presumption of Death Act 2013, declared that he is presumed to have died on 1 January 2017.

Parties
Claimant: EA; Defendant: NA
Jurisdiction
England and Wales
Judgment Date
02 March 2018
Procedural Posture
Presumption of Death Application / Judgment
Outcome
Declaration of presumed death granted
Legal Topics
Presumption of Death, Missing Persons, Declarations of Death
Family Law Probate Presumption of Death Missing Persons Declarations of Death

Case Brief

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Parties

EA

Claimant

NA

Defendant

Procedural Posture

Presumption of Death Application / Judgment

Legal Issues

  1. 1 Whether the court should grant a declaration of presumed death under the Presumption of Death Act 2013 in respect of Mr NA

Ratio Decidendi

The court was satisfied that Mr NA had not been known to be alive for at least seven years since 31 December 2009, and therefore, in accordance with s.2(4) of the Presumption of Death Act 2013, declared that he is presumed to have died on 1 January 2017.

Court Disposition

Declaration of presumed death granted

Orders

  • Declaration that Mr NA is presumed to have died on 1 January 2017