- When time of missing person’s death materially impacts beneficiaries (Johnson v No named defendant)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Private Client analysis: In an application for a declaration of presumed death under the Presumption of Death Act 2013 (PDA 2013) the court was required to consider the effect of PDA 2013, s 2(3) which provides that if the court is satisfied that the missing person has died it must include in the declaration a finding as to the date and time of the missing person’s death and ‘where the court is uncertain at which moment during a period the missing person died, the finding must be that the missing person is presumed to have died at the end of that period’. In cases where it cannot be established with any certainty when a person has died the period during which the missing person died continues. Accordingly, the court held the only available conclusion is that the end of the period is the date of the hearing when the presumption of death is granted, making the date and time of the presumed death, in this case, 11.30am on 5 February 2020. Written by Laura Abbott, senior associate, at Wright Hassall LLP.
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