If a person has not been heard of for seven years by those who would be likely to hear from them then, if proper inquiries have been made and there is no evidence to the contrary, the person is presumed to be dead. However, the mere fact of a seven year absence is insufficient; it is the fact that the absence remains unaccounted for when one would not reasonably expect it to be if the person were alive that forms the basis of the presumption.
Sachs J
[1955] 3 WLR 954, [1956] P 259, [1955] 3 All ER 721
England and Wales
Cited by:
Cited – Regina (Smeaton) v Secretary of State for Health and Others Admn 18-Apr-2002
The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act.
Held: ‘SPUC’s case is that any . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 26 January 2022; Ref: scu.223697