Thomas v Thomas: 16 Dec 1864

Although the law presumes a person, who has not; been heard of for seven years, to be dead, yet (in the absence of special circumstances it draws no presumption from that fact as to the particular period when he died ; and the onus of proving death at any particular period of time within the seven years lies with the party alleging death at such particular time.

Citations:

[1864] EngR 865, (1864) 2 Dr and Sm 298, (1864) 62 ER 635

Links:

Commonlii

Jurisdiction:

England and Wales

Wills and Probate

Updated: 11 May 2022; Ref: scu.282579