Christopher Ashford Reynolds v Paulene Saul

Christopher Ashford Reynolds v Paulene Saul

The claim was dismissed because the claimant failed to prove, on the balance of probabilities, that Paulene Saul was domiciled or habitually resident in England and Wales on 1 October 1973, as required by the Presumption of Death Act 2013.

Parties
Claimant: Christopher Ashford Reynolds; Defendant: Paulene Saul
Jurisdiction
England and Wales
Judgment Date
04 January 2025
Procedural Posture
Presumption of Death Application / Judgment
Outcome
Claim dismissed
Legal Topics
Presumption of Death, Domicile, Joint Tenancy, Estate Administration
Probate Property Law Presumption of Death Domicile Joint Tenancy Estate Administration

Case Brief

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Parties

Christopher Ashford Reynolds

Claimant

Paulene Saul

Defendant

Procedural Posture

Presumption of Death Application / Judgment

Legal Issues

  1. 1 Whether Paulene Saul is 'missing' within the meaning of the Presumption of Death Act 2013
  2. 2 Whether Paulene Saul was domiciled or habitually resident in England and Wales on the relevant date
  3. 3 Whether the claimant has sufficient interest to apply for the declaration

Ratio Decidendi

The claim was dismissed because the claimant failed to prove, on the balance of probabilities, that Paulene Saul was domiciled or habitually resident in England and Wales on 1 October 1973, as required by the Presumption of Death Act 2013.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed for failure to prove domicile or habitual residence of Paulene Saul as required by statute.