LM AD and JM against AM (Sheriff Court Civil) [2024] SCEDIN 40 (09 October 2024)

LM AD and JM against AM (Sheriff Court Civil) [2024] SCEDIN 40 (09 October 2024)

On the balance of probabilities, the defender AM died by suicide (drowning) at North Berwick beach at 7am on 23 June 2023, as evidenced by his disappearance, mental and physical health, deliberate actions, lack of contact or financial activity, and expert evidence regarding the likelihood of his body not being recovered.

Citation
[2024] SCEDIN 40
Parties
Pursuer: LM; Pursuer: AD; Pursuer: JM; Defender: AM
Jurisdiction
Scotland
Judgment Date
09 October 2024
Procedural Posture
Civil Declarator of Death / Final Judgment
Outcome
declarator of death granted
Legal Topics
Presumption of Death, Declarator of Death, Missing Persons, Succession
Family Law Probate Law Presumption of Death Declarator of Death Missing Persons Succession

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

LM

Pursuer

AD

Pursuer

JM

Pursuer

AM

Defender

Procedural Posture

Civil Declarator of Death / Final Judgment

Legal Issues

  1. 1 Whether the defender AM should be declared dead under the Presumption of Death (Scotland) Act 1977 based on the balance of probabilities.

Ratio Decidendi

On the balance of probabilities, the defender AM died by suicide (drowning) at North Berwick beach at 7am on 23 June 2023, as evidenced by his disappearance, mental and physical health, deliberate actions, lack of contact or financial activity, and expert evidence regarding the likelihood of his body not being recovered.

Court Disposition

declarator of death granted

Orders

  • Decree of declarator that the defender AM died at 7am on 23 June 2023.