Share
VIDEOS 1 TO 50
Woman declared dead by government is very much alive
Woman declared dead by government is very much alive
Published: 2014/09/17
Channel: WJBK | FOX 2 News Detroit
Evil-Dog | Presumed Dead
Evil-Dog | Presumed Dead
Published: 2013/02/20
Channel: Evil-Dog Productions
Am I Legally Dead Yet?
Am I Legally Dead Yet?
Published: 2014/09/02
Channel: Curious Jon
Declared Dead - "Strewn Before Vultures"
Declared Dead - "Strewn Before Vultures"
Published: 2016/05/09
Channel: Declared Dead
When A Person Is Declared Dead?
When A Person Is Declared Dead?
Published: 2017/08/20
Channel: Dip Dip
Woman Declared Dead In 1989 Found Alive Long After Man Confesses To Killing Her
Woman Declared Dead In 1989 Found Alive Long After Man Confesses To Killing Her
Published: 2017/01/24
Channel: Mysteries USTV
Breaking News - Maine toddler declared dead opening door for lawsuit
Breaking News - Maine toddler declared dead opening door for lawsuit
Published: 2017/10/01
Channel: US NEWS
Ext Funct - "Dead In Absentia" - Never Intended For Use
Ext Funct - "Dead In Absentia" - Never Intended For Use
Published: 2014/03/14
Channel: ext funct
Family files injunction after Brampton woman declared dead
Family files injunction after Brampton woman declared dead
Published: 2017/09/26
Channel: 680 NEWS
Woman accidentally declared dead
Woman accidentally declared dead
Published: 2017/10/31
Channel: KTNV Channel 13 Las Vegas
Man Declared Dead Now Alive...And Claiming He Has Amnesia; Wife Taking Him To Court
Man Declared Dead Now Alive...And Claiming He Has Amnesia; Wife Taking Him To Court
Published: 2014/10/18
Channel: CBS New York
Woman mistakenly declared dead
Woman mistakenly declared dead
Published: 2017/10/31
Channel: WXYZ-TV Detroit | Channel 7
Newborn baby was wrongly declared dead.
Newborn baby was wrongly declared dead.
Published: 2013/02/23
Channel: lpriyeva
Death in Absentia -- FOXO3A
Death in Absentia -- FOXO3A
Published: 2014/01/23
Channel: DeathinAbsentia
Living Man Declared Dead
Living Man Declared Dead
Published: 2014/12/24
Channel: BadheadsMusic
Woman Declared Dead by Government
Woman Declared Dead by Government
Published: 2017/10/30
Channel: WCPO.com | 9 On Your Side
Declared Dead - I of the Storm
Declared Dead - I of the Storm
Published: 2017/01/17
Channel: Declared Dead
Disworship - Death In Absentia - Live at Pat
Disworship - Death In Absentia - Live at Pat's Pub
Published: 2014/02/07
Channel: Mitch R
Declared Dead - Grinding the Wind
Declared Dead - Grinding the Wind
Published: 2017/01/17
Channel: Declared Dead
13 Years Later... EKU Student Declared Dead
13 Years Later... EKU Student Declared Dead
Published: 2017/09/22
Channel: LEX18 News
Declared Dead by DJ Steele
Declared Dead by DJ Steele
Published: 2017/10/26
Channel: Chuck Barrett
Douglas facing murder charge after assault victim declared legally dead
Douglas facing murder charge after assault victim declared legally dead
Published: 2017/09/08
Channel: KRTV NEWS
DEATH IN ABSENTIA - THE HATE TO THE CORE
DEATH IN ABSENTIA - THE HATE TO THE CORE
Published: 2010/04/10
Channel: tobiroxation
Woman mistakenly declared dead by Social Security
Woman mistakenly declared dead by Social Security
Published: 2017/05/09
Channel: WOOD TV8
Man facing murder charge after assault victim declared legally dead
Man facing murder charge after assault victim declared legally dead
Published: 2017/09/08
Channel: KTVQ News
Declared Dead - Adorned Without Ceremony
Declared Dead - Adorned Without Ceremony
Published: 2017/01/17
Channel: Declared Dead
Family wants Johnson declared dead
Family wants Johnson declared dead
Published: 2011/09/13
Channel: WCPO.com | 9 On Your Side
Living woman declared dead by Social Security
Living woman declared dead by Social Security
Published: 2017/10/18
Channel: WCPO.com | 9 On Your Side
How Long Does It Take For A Missing Person To Be Declared Dead?
How Long Does It Take For A Missing Person To Be Declared Dead?
Published: 2017/11/15
Channel: Puser Pilds
Presumption of Death
Presumption of Death
Published: 2016/03/19
Channel: Financial Id
Mom Wants Paige Johnson Declared Dead
Mom Wants Paige Johnson Declared Dead
Published: 2011/09/13
Channel: WLWT
Living Dead: What happens when you
Living Dead: What happens when you're accidentally declared dead
Published: 2017/10/11
Channel: Maureen wurtz
Man presumed dead in 77 fire found alive
Man presumed dead in 77 fire found alive
Published: 2014/08/28
Channel: beginnerskitchen
Declared Dead - "Into the Pit" (TestAmenT Cover)
Declared Dead - "Into the Pit" (TestAmenT Cover)
Published: 2016/05/09
Channel: Declared Dead
Missing Teen
Missing Teen's Dad Wants Her Declared Dead
Published: 2011/09/15
Channel: Associated Press
Voting, even after being declared dead
Voting, even after being declared dead
Published: 2012/10/01
Channel: ABC 2 News - WMAR
Max hospital case: Newborn baby who was earlier declared dead, now dies
Max hospital case: Newborn baby who was earlier declared dead, now dies
Published: 2017/12/06
Channel: NewsX
Fossett Declared Dead 5 Months Later
Fossett Declared Dead 5 Months Later
Published: 2008/02/16
Channel: Associated Press
76-year-old declared dead in bloody Yishun flat
76-year-old declared dead in bloody Yishun flat
Published: 2015/11/21
Channel: Straits Times
Full story of Nigerian man who allegedly woke up after being declared dead
Full story of Nigerian man who allegedly woke up after being declared dead
Published: 2017/06/21
Channel: Gina Kennedy
Exclusive Found a Man from Jammu who yesterday declared dead in militant list at Hajin Bandipura
Exclusive Found a Man from Jammu who yesterday declared dead in militant list at Hajin Bandipura
Published: 2017/11/19
Channel: eMo Production
Teen missing in area creek presumed dead
Teen missing in area creek presumed dead
Published: 2013/06/04
Channel: 41 Action News
Arlington victim declared dead, but still on life support
Arlington victim declared dead, but still on life support
Published: 2014/11/15
Channel: FOX 4 News - Dallas-Fort Worth
Father declared dead for the sake of property
Father declared dead for the sake of property
Published: 2016/10/28
Channel: Wishtehar
Millitant who yesterday declared dead in hajin encounter found alive
Millitant who yesterday declared dead in hajin encounter found alive
Published: 2017/11/20
Channel: JK Talkies
Vietnam Vet Declared Dead Without Proof - Part 1 of 5.mp4
Vietnam Vet Declared Dead Without Proof - Part 1 of 5.mp4
Published: 2010/06/09
Channel: JohnEvansVeteran
Alive Yet Dead And Lost At Sea: The Cestui Que Vie Trust
Alive Yet Dead And Lost At Sea: The Cestui Que Vie Trust
Published: 2015/07/29
Channel: Dazzling1
Baby Declared Dead Found Alive In Morgue
Baby Declared Dead Found Alive In Morgue
Published: 2012/04/13
Channel: KOCO 5 News
Vietnam Vet Declared Dead Without Proof - Part 2 of 5
Vietnam Vet Declared Dead Without Proof - Part 2 of 5
Published: 2010/06/10
Channel: JohnEvansVeteran
Man mistakenly declared dead
Man mistakenly declared dead
Published: 2015/12/28
Channel: CBS4 News
NEXT
GO TO RESULTS [51 .. 100]

WIKIPEDIA ARTICLE

From Wikipedia, the free encyclopedia
  (Redirected from Presumption of death)
Jump to: navigation, search

A person may be legally declared dead (declared death in absentia or legal presumption of death) despite the absence of direct proof of the person's death, such as the finding of remains (e.g., a corpse or skeleton) attributable to that person. Such a declaration is typically made when a person has been missing for an extended period of time and in the absence of any evidence that the person is still alive – or after a much shorter period but where the circumstances surrounding a person's disappearance overwhelmingly support the belief that the person has died (e.g., an airplane crash).

A declaration that a person is dead resembles other forms of "preventive adjudication", such as the declaratory judgment.[1] Different jurisdictions have different legal standards for obtaining such a declaration and in some jurisdictions a legal presumption of death may arise after a person has been missing under certain circumstances and a certain amount of time.

Facts, circumstances, and the "balance of probabilities"[edit]

In most common law and civil code jurisdictions, it is usually necessary to obtain a court order directing the registrar to issue a death certificate in the absence of a physician's certification that an identified individual has died. However, if there is circumstantial evidence that would lead a reasonable person to believe that the individual is deceased on the balance of probabilities, jurisdictions may agree to issue death certificates without any such order. For example, passengers and crew of the RMS Titanic who were not rescued by the RMS Carpathia were declared legally dead soon after Carpathia arrived at New York City. More recently, death certificates for those who perished in the September 11 attacks were issued by the State of New York within days of the tragedy. The same is usually true of soldiers missing after a major battle, especially if the enemy keeps an accurate record of its prisoners of war.

If there is not sufficient evidence that death has taken place, it may take somewhat longer, as simple absence does not necessarily prove death. The requirements for declaring an individual legally dead may vary depending on numerous details including the following:

  • The jurisdiction the individual lived in before death
  • The jurisdiction where they are presumed to have died
  • How the individual is thought to have died (murder, suicide, accident, etc.)
  • The balance of probabilities that make it more likely than not that the individual is dead

Most countries have a set period of time (seven years in many common law jurisdictions) after which an individual is presumed dead if there is no evidence to the contrary. However, if the missing individual is the owner of a significant estate, the court may delay ordering the issuing of a death certificate if there has been no real effort to locate the missing person. If the death is thought to have taken place in international waters or in a location without a centralized and reliable police force or vital statistics registration system, other laws may apply.

Legal aspects[edit]

India[edit]

Presumption of death is governed by sections 107 and 108 of the Evidence Act, which allows for presumption of death for a person missing for 7 years to be raised in appropriate proceedings before the court.[2]

Ireland[edit]

If there is strong evidence a missing person is dead the coroner may request an inquest under Section 23 of the Cononers Act 1962. If the Minister for Justice grants the inquest then the person may be declared legally dead if that is the outcome of the inquest. As an alternative an application may be made to the high court, normally this is after at least 7 years of going missing, but exceptionally may be earlier if there is strong implication from the circumstances the person is dead.[3]

Italy[edit]

It takes 20 years in Italy to declare a missing person dead. After ten years from somebody's disappearance, a motion to declare the person legally dead can be filed in a court of law. After that, another ten years must pass before the person can eventually be declared legally dead.

Poland[edit]

Declaration of death in absentia is derived from articles 29-32 of Polish Civil Code and exercised as a court sentence. In a general case, 10 years is a timespan of disappearance required for the legal declaration, but the following exceptions apply:

  • no one is declared dead before the end of the year in which one becomes 23 years old;
  • the timespan of disappearance is reduced to 5 years if the person would be 70 years old or more at the time of declaration;
  • if a person would have been a victim of an air or a sea disaster or in an "other exceptional happening", the disappearance timespan is reduced to 6 months, however if the vessel is presumably lost, the time starts to count 1 year after the unkept scheduled day of arrival or 2 years after the last known whereabouts;
  • if a person is missing in an other life-threatening event (different than the above), the timespan is 1 year since the life-threatening event ceased.

A court's declaration of death in absentia produces legal effects valid from before the date of the declaration, and going back to the assumed day of death (as declared by the court).

Russia[edit]

According to article 45 of Civil Code of Russia, a person may be declared dead in absentia only by a court decision, on the following grounds:

  • He or she had been missing for 5 years
  • If the person disappeared under life-threatening circumstances, which made it likely that he or she died from an accident, that person can be assumed dead after 6 months
  • A military or civil person, who disappeared during a military conflict, can be declared dead no earlier than 2 years after the conflict is over

A legal date of death is considered to be the date when the court decision declaring person dead was made. If a person disappeared under life-threatening circumstances, the day of his or her actual disappearance may also be considered the legal date of death.

The declaration of death in absentia by the court has the same legal consequences as if the fact of death was proven:

  • Dependants of the person become eligible for the state pension
  • Assets can be inherited
  • If the person was married, the marriage legally ends
  • Personal obligations are terminated

If such decision was a mistake and the person later returned, the decision is nullified and the person becomes eligible to request most of his assets back. However, if the husband or wife of such person married again, the marriage will not be restored. His funds and securities, taken under bona fide circumstances, also cannot be requested back.[4]

United Kingdom[edit]

England and Wales[edit]

English law generally assumes a person is dead if, after seven years:

  • There has been no evidence that they are still alive.
  • The people most likely to have heard from them have had no contact.
  • Inquiries made of that person have had no success.[5]

This is a rebuttable presumption at common law—if the person subsequently appears, the law no longer considers them dead.

Otherwise, courts may grant leave to applicants to swear that a person is dead (within or after the seven-year period).[5] For example, an executor may make such an application so they can be granted probate for the will. This kind of application would only be made sooner than seven years where death is probable, but not definitive (such as an unrecovered plane crash at sea), following an inquest (see below). Such an application is specific to the court where it is made—thus separate applications must be made at a coroner's inquest, for proceedings under the Matrimonial Causes and Civil Partnership Acts (for remarriage), for probate, and under the Social Security Act.

These processes were not considered satisfactory, and so in February – March 2013, the Presumption of Death Act 2013 was passed to simplify this process.[6] The new act, which is based on the Presumption of Death (Scotland) Act 1977,[7] allows applying to the High Court to declare a person presumed dead. This declaration is conclusive and cannot be appealed. It is recorded on a new Register of Presumed Deaths, and has the same effect as a registration of death. Death is taken to occur on (a) the last day that they could have been alive (if the court is satisfied that they are dead), or (b) the day seven years after the date they were last seen (if death is presumed by the elapse of time).

In England and Wales, if the authorities believe there should be an inquest, the local coroner files a report. This may be done to help a family receive a death certificate that may bring some closure. An inquest strives to bring any suspicious circumstances to light. The coroner then applies to the Secretary of State for Justice, under the Coroners Act 1988 section 15, for an inquest with no body. The seven years rule only applies in the High Court of Justice on the settlement of an estate. According to a spokesman for the Ministry of Justice, the number of requests received each year is fewer than ten, but few of these are refused. Without a body, an inquest relies mostly on evidence provided by the police, and whether senior officers believe the missing person is dead.[8] One notable person presumed dead under the Act is the 7th Earl of Lucan (Lord Lucan), who was last seen alive in 1974 (although there have been numerous alleged sightings since that time), and whose death certificate was issued in February 2016.[9]

The incidence of presumed death in England and Wales is considered low - in September 2011, it was estimated that only 1% of the 200,000 missing persons each year remained unaccounted for after 12 months, with a cumulative total of 5,500 missing persons by September 2011.[5]

Scotland[edit]

In Scotland, legal aspects of death in absentia are outlined in the Presumption of Death (Scotland) Act 1977. If a person lived in Scotland on the date they were last known to be alive, authorities can use this act to declare the person legally dead after the standard period of seven years.[10]

United States[edit]

The U.S. Constitution provides that all powers not expressly or implicitly assigned to the federal state are reserved to the 50 unitary states. The declaration of a missing person as legally dead thus falls under state jurisdiction unless there is a reason for the federal government to have jurisdiction (e.g. the party was military personnel who went missing while on active duty). Otherwise, there are 57 U.S. jurisdictions that comprise the United States, each of which has its own law on the question.

People who disappear are typically called missing, or sometimes absent. Several criteria are evaluated to determine whether a person may be declared legally dead:

  • The party normally must have been missing from their home or usual residence for an extended period of time, most commonly seven years
  • Their absence must have been continuous and inexplicable (e.g. the person did not say they had found a new job and were moving far away)
  • There must have been no communication from the party with those people most likely to hear from them during the period the person has been missing
  • There must have been a diligent but unsuccessful search for the person and/or diligent but unsuccessful inquiry into their whereabouts.

Professor Jeanne Carriere, author of “The Rights of the Living Dead: Absent Persons in Civil Law” (published in the Louisiana Law Review), stated that as of 1990, the number of such cases in the United States was estimated at between 60,000 and 100,000.[11] Often the missing person's bank accounts are checked for activity, and possible sightings investigated.[citation needed]

According to Edgar Sentell, a retired senior vice-president and general counsel of Southern Farm Bureau Life Insurance Company, almost all states recognize the presumption of death, by statute or judicial recognition of the common law rule. Some states have amended their statutes to reduce the seven-year period to five consecutive years missing, and some, such as Minnesota and Georgia, have reduced the period to four years.[12]

If someone disappears, those interested can file a petition to have them declared legally dead. They must prove by the criteria above that the person is in fact dead. There are constitutional limitations to these procedures: The presumption must arise only after a reasonable amount of time has elapsed. The absent person must be notified. Courts permit notifying claimants by publication. Adequate safeguards concerning property provisions must be made in the case that an absent person shows up.

Some states require those who receive the missing person's assets to return them if the person turned out to be alive. If a person is declared dead when only missing, their estate is distributed as if they were dead. In some cases, the presumption of death can be rebutted. According to Sentell, courts will consider evidence that the absent person was a fugitive from justice, had money troubles, had a bad relationship, or had no family ties or connection to a community as reasons not to presume death.[12]

A person can be declared legally dead after they are exposed to "imminent peril" and fail to return—as in a plane crash, as portrayed in the movie Cast Away. In these cases courts generally assume the person was killed, even though the usual waiting time to declare someone dead has not elapsed. Sentell also says, “The element of peril accelerates the presumption of death.” This rule was enacted after the attack on the World Trade Center, so that authorities could release death certificates. Although people presumed dead sometimes turn up alive, it is not as common as it used to be. In one case where this occurred, a man named John Burney disappeared in 1976 while having financial problems, and later reappeared in December 1982. His company and wife had already received the death benefits—so, on returning, the life insurance company sued him, his wife, and his company. In the end, the court ruled Burney's actions fraudulent.[13]

Reappearance[edit]

Missing persons have on rare occasions been found alive after being declared legally dead. Prisoners of war, people with mental illnesses who become homeless, and in extremely rare circumstances kidnapping victims may be located years after their disappearance. Some people have even faked their deaths to avoid paying taxes, debts, etc.

Notable cases[edit]

Later discovered[edit]

See also[edit]

References[edit]

  1. ^ Bray, Samuel L. (2010). "Preventive Adjudication". University of Chicago Law Review. 77: 1275. SSRN 1483859Freely accessible. 
  2. ^ "Missing person's death date is day court declares so". The Times of India. 10 December 2013. Retrieved 11 April 2017. 
  3. ^ "Missing, presumed dead". Citizens Information Board. Retrieved 11 April 2017. 
  4. ^ [1] ГК РФ Статья 45. Объявление гражданина умершим
  5. ^ a b c House of Commons Justice Committee, Presumption of Death, Twelfth Report of Session 2010–12 Report, 7 February 2012
  6. ^ "Page not found". parliament.uk. Archived from the original on 2013-10-16. 
  7. ^ "Presumption of death act welcomed". Daily Express. 2013-03-27. Retrieved 2015-01-19. 
  8. ^ When is a missing person declared dead? BBC News, 5 December 2007
  9. ^ Lord Lucan death certificate granted BBC News, 3 February 2016
  10. ^ "Presumption of Death (Scotland) Act 1977". legislation.gov.uk. 
  11. ^ "The rights of the living dead: absent persons in the civil law" Jeanne Carriere, 50 La. L. Rev. 901, 1990
  12. ^ a b The missing insured and the life insurance death claim C. Edgar Sentell, FDCC Quarterly, Winter 2004]
  13. ^ What happens when someone "legally dead" shows up alive? The Straight Dope, 13 June 2006
  14. ^ Young, Perry Deane; Two of the Missing: Remembering Sean Flynn & Dana Stone p. 271 (Press 53: 2009) ISBN 978-0-9816280-9-7
  15. ^ Bass, Thomas A., The Spy Who Loved Us: The Vietnam War and Pham Xuan An's Dangerous Game p. 187, (PublicAffairs: 2009) ISBN 9781586484095 Accessed Via Google Books June 21, 2009
  16. ^ Page, Tim, Derailed in Uncle Ho's Victory Garden: Return to Vietnam and Cambodia p. 171 (Scribner: August 2, 1999) ISBN 0684860244 Accessed via Amazon's LOOK INSIDE feature June 21, 2009
  17. ^ "Sweden declares Holocaust hero Raoul Wallenberg officially dead". BBC News. 2016-10-31. Retrieved 2016-10-31. 
  18. ^ "Raoul Wallenberg har förklarats död". Expressen. 

Disclaimer

None of the audio/visual content is hosted on this site. All media is embedded from other sites such as GoogleVideo, Wikipedia, YouTube etc. Therefore, this site has no control over the copyright issues of the streaming media.

All issues concerning copyright violations should be aimed at the sites hosting the material. This site does not host any of the streaming media and the owner has not uploaded any of the material to the video hosting servers. Anyone can find the same content on Google Video or YouTube by themselves.

The owner of this site cannot know which documentaries are in public domain, which has been uploaded to e.g. YouTube by the owner and which has been uploaded without permission. The copyright owner must contact the source if he wants his material off the Internet completely.

Powered by YouTube
Wikipedia content is licensed under the GFDL and (CC) license