Legal Presumption of Death

Legal Presumption of Death

Introduction to Legal Presumption of Death

Legal Presumption of Death, rule in law that a person is deemed to have died if absent without explanation from his or her usual or last place of residence for a long, continuous period. The presumption of death arising solely from unexplained absence is distinguishable from circumstantial proof of death; thus, a passenger on an airplane that crashed is considered to have died even if no remains can be recovered.

In common law the presumption of death does not arise until the expiration of seven years of continuous absence. The presumption of death often will not apply when the disappearance is explainable, for example, if the missing person is a fugitive from justice. Before the presumption operates, it is also necessary to establish that no communications from the absent person have been received and that a diligent effort has been made to locate him or her. The legal consequences of a presumption of death are the same as in the case of a definitely verifiable death; for example, policies of life insurance become payable, and an executor or administrator must be appointed if the person left an estate. In some U.S. states, in a proceeding to dissolve a marriage the period of seven years’ absence has been shortened to five years.” (1)

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Guide to Legal Presumption of Death


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