Greathead v Greathead [2017] EWHC 1154 (Ch) (19 May 2017)

Greathead v Greathead [2017] EWHC 1154 (Ch) (19 May 2017)

The court was satisfied on the balance of probabilities that Edward Don Rivers Greathead died soon after his disappearance on 17 November 2005, given his mental health, lack of resources, severe weather, and absence of any subsequent contact or activity. The declaration of presumed death was made for midnight on 17 November 2005.

Citation
[2017] EWHC 1154 (Ch)
Parties
Claimant: Peter Don Rivers Greathead; Missing Person: Edward Don Rivers Greathead
Jurisdiction
England and Wales
Judgment Date
19 May 2017
Procedural Posture
Application for Declaration of Presumed Death / Final Judgment
Outcome
Declaration of presumed death granted.
Legal Topics
Presumption of Death, Missing Persons, Declaration of Death
Probate Family Law Presumption of Death Missing Persons Declaration of Death

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Parties

Peter Don Rivers Greathead

Claimant

Edward Don Rivers Greathead

Missing Person

Procedural Posture

Application for Declaration of Presumed Death / Final Judgment

Legal Issues

  1. 1 Whether Edward Don Rivers Greathead should be declared presumed dead under the Presumption of Death Act 2013
  2. 2 Whether the court has jurisdiction under section 1 of the Act
  3. 3 Whether procedural requirements for notice and advertisement were satisfied

Ratio Decidendi

The court was satisfied on the balance of probabilities that Edward Don Rivers Greathead died soon after his disappearance on 17 November 2005, given his mental health, lack of resources, severe weather, and absence of any subsequent contact or activity. The declaration of presumed death was made for midnight on 17 November 2005.

Court Disposition

Declaration of presumed death granted.

Orders

  • Declaration that Edward Don Rivers Greathead is presumed to have died at midnight on 17 November 2005.
  • Time for advertisement of claim extended by 2 days.