O'Flaherty Née Donnelly, Re Declaration of the Presumed Death of [2012] NICh 2 (9 January 2012)

O'Flaherty Née Donnelly, Re Declaration of the Presumed Death of [2012] NICh 2 (9 January 2012)

The court found, on the balance of probabilities and based on the evidence presented, that Deirdre Marie O'Flaherty née Donnelly died on 11 January 2009 between 9.00 am and 11.00 am by drowning at Kinnegoe Beach, Co. Donegal, and all statutory and procedural requirements for a declaration of presumed death were satisfied.

Citation
[2012] NICh 2
Parties
Applicant: Dr Kenneth O'Flaherty; Missing Person: Deirdre Marie O'Flaherty née Donnelly
Jurisdiction
Northern Ireland
Judgment Date
09 January 2012
Procedural Posture
Application for Declaration of Presumed Death / Judgment on Application
Outcome
Declaration of presumed death granted
Legal Topics
Presumption of Death, Missing Persons, Declaration of Death, Property Rights of Missing Persons
Family Law Probate Law Presumption of Death Missing Persons Declaration of Death Property Rights of Missing Persons

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Parties

Dr Kenneth O'Flaherty

Applicant

Deirdre Marie O'Flaherty née Donnelly

Missing Person

Procedural Posture

Application for Declaration of Presumed Death / Judgment on Application

Legal Issues

  1. 1 Whether Deirdre Marie O'Flaherty née Donnelly is to be presumed dead under the Presumption of Death Act (Northern Ireland) 2009
  2. 2 Whether the statutory and procedural requirements for a declaration of presumed death have been met

Ratio Decidendi

The court found, on the balance of probabilities and based on the evidence presented, that Deirdre Marie O'Flaherty née Donnelly died on 11 January 2009 between 9.00 am and 11.00 am by drowning at Kinnegoe Beach, Co. Donegal, and all statutory and procedural requirements for a declaration of presumed death were satisfied.

Court Disposition

Declaration of presumed death granted

Orders

  • It is declared that Deirdre Marie O'Flaherty née Donnelly is presumed to be dead and is found to have died on Sunday 11 January 2009 at the end of the period from 9.00 am to 11.00 am.
  • Notice to be served on the Registrar General for Northern Ireland.