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England and Wales decisions
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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.
Source excerpt
Reynolds v Paulene Saul [2024] EWHC 3593 (Ch) (07 October 2024)
The High Court dismissed an application for a declaration of presumed death because domicile or habitual residence in England and Wales was not proved.
A person named as executor in a testamentary paper, who intends to prove the will, has sufficient interest under the Presumption of Death Act 2013 to apply for a declaration of presumption of death, even if the will is not yet proved.
Source excerpt
Tolley v No Defendant (Re Caroline Fisher) [2023] EWHC 979 (Ch) (28 April 2023)
The High Court held that a named executor in an unproved will had sufficient interest to seek a declaration of presumption of death under the 2013 Act.
Thomas (Re: David Horton Cann) [2023] EWHC 1006 (Fam) (05 April 2023) [2023] EWHC 1006 (Fam) (05 April 2023)
The High Court granted Sandra Thomas a declaration that her brother, David Horton Cann, is presumed dead under the Presumption of Death Act 2013.
The High Court declared David Horton Cann presumed dead after he disappeared in Turkey in July 2019, fixing his death date as 9 July 2019.
Re P (Presumption of Death) [2021] EWHC 3099 (Fam) (19 November 2021)
The High Court declared a missing man presumed dead after more than seven years without trace, finding jurisdiction and procedural requirements were met.
The High Court declared that P was presumed dead under the Presumption of Death Act 2013 after he had not been heard from for over seven years.
The High Court declared Charles Horvath presumed dead and held that his mother, Denise Mary Austin, became sole owner of their jointly held property by survivorship.
Austin v Mitchell & Anor [2020] EWHC 3486 (Ch) (14 August 2020)
The court declared a missing man presumed dead and fixed the date and time of death, then held his mother became sole legal and beneficial owner of jointly held property.
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