Greathead v Greathead

Greathead v Greathead

The court, on the balance of probabilities, found that Edward Don Rivers Greathead died soon after his disappearance on 17 November 2005, based on his mental health, lack of resources, absence of contact, and environmental factors, and made a declaration of presumed death as required by statute.

Parties
Claimant: Peter Don Rivers Greathead; Missing Person: Edward Don Rivers Greathead
Jurisdiction
England and Wales
Judgment Date
19 May 2017
Procedural Posture
Presumption of Death Application / 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

Case Brief

Summary, issues, holding and outcome

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Parties

Peter Don Rivers Greathead

Claimant

Edward Don Rivers Greathead

Missing Person

Procedural Posture

Presumption of Death Application / Judgment

Legal Issues

  1. 1 Whether the court has jurisdiction to make a declaration of presumed death under the Presumption of Death Act 2013
  2. 2 Whether the evidence satisfies the statutory requirements for a declaration of presumed death
  3. 3 Determination of the date and time of presumed death

Ratio Decidendi

The court, on the balance of probabilities, found that Edward Don Rivers Greathead died soon after his disappearance on 17 November 2005, based on his mental health, lack of resources, absence of contact, and environmental factors, and made a declaration of presumed death as required by statute.

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