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Presumption of Death Act 2013

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This is the original version (as it was originally enacted).

1Applying for declaration

This section has no associated Explanatory Notes

(1)This section applies where a person who is missing—

(a)is thought to have died, or

(b)has 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.

(3)The court has jurisdiction to hear and determine an application under this section only if—

(a)the missing person was domiciled in England and Wales on the day on which he or she was last known to be alive,

(b)the missing person had been habitually resident in England and Wales throughout the period of 1 year ending with that day, or

(c)subsection (4) is satisfied.

(4)This subsection is satisfied if the application is made by the spouse or civil partner of the missing person and—

(a)the applicant is domiciled in England and Wales on the day on which the application is made, or

(b)the applicant has been habitually resident in England and Wales throughout the period of 1 year ending with that day.

(5)The court must refuse to hear an application under this section if—

(a)the application is made by someone other than the missing person’s spouse, civil partner, parent, child or sibling, and

(b)the 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).

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