Presumption of Death Act 2013
| Jurisdiction | UK Non-devolved |
| Citation | 2013 c. 13 |
is thought to have died, orhas not been known to be alive for a period of at least 7 years.(2) Any person may apply to the High Court for a declaration that the missing person is presumed to be dead.the missing person was domiciled in England and Wales on the day on which he or she was last known to be alive,the missing person had been habitually resident in England and Wales throughout the period of 1 year ending with that day, orsubsection (4) is satisfied.the applicant is domiciled in England and Wales on the day on which the application is made, orthe applicant has been habitually resident in England and Wales throughout the period of 1 year ending with that day.the application is made by someone other than the missing person's spouse, civil partner, parent, child or sibling, andthe court considers that the applicant does not have a sufficient interest in the determination of the application.(6) This section has effect subject to section 21(2) .has died, orhas not been known to be alive for a period of at least 7 years.(2) It must include in the declaration a finding as to the date and time of the missing person's death.is satisfied that the missing person has died, butis uncertain at which moment during a period the missing person died,is satisfied that the missing person has not been known to be alive for a period of at least 7 years, butis not satisfied that the missing person has died,the missing person's presumed death, andthe date and time of the death.the acquisition of an interest in any property, andthe ending of a marriage or civil partnership to which the missing person is a party.it has not been appealed against and the period for bringing an appeal has ended, orit has been appealed against and the appeal (and any further appeal) has been unsuccessful.it has been dismissed or withdrawn, andany period for bringing a further appeal has ended.determine any question which relates to an interest in property and arises as a result of the declaration, anddetermine the domicile of the missing person at the time of his or her presumed death.(2) When making a declaration under this Act, the court may make such order as it considers reasonable in relation to any interest in property acquired as a result of the declaration.(3) An order under subsection (2) may direct that the value of any interest in property acquired as a result of the declaration is not to be recoverable by virtue of an order made under section 7(2) .is not to be recoverable in any circumstances, oris not to be recoverable where conditions specified in the order are met.(1) On an application by any person, a declaration under this Act may be varied or revoked by an order of the High Court (a “variation order”) .(2) The court must refuse to hear an application for a variation order if it considers that the applicant does not have a sufficient interest in the determination of the application.(1) A variation order does not affect an interest in property acquired as a result of a declaration under this Act (but see section 7) .(2) A variation order does not revive a marriage or civil partnership that was brought to an end by virtue of a declaration under this Act.where a variation order varies a declaration, subsections (1) and (2) of section 3 have effect in relation to the declaration as varied by the order, andwhere a variation order revokes a declaration, those subsections cease to have effect in relation to the declaration.the variation order has not been appealed against and the period for bringing an appeal has ended, orthe variation order has been appealed against and the appeal (and any further appeal) has been unsuccessful.it has been dismissed or withdrawn, andany period for bringing a further appeal has ended.determine any
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