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Presumption of Death Act 2013

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This is the original version (as it was originally enacted).

2Making declaration

This section has no associated Explanatory Notes

(1)On an application under section 1, the court must make the declaration if it is satisfied that the missing person—

(a)has died, or

(b)has 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.

(3)Where the court—

(a)is satisfied that the missing person has died, but

(b)is uncertain at which moment during a period the missing person died,

the finding must be that the missing person is presumed to have died at the end of that period.

(4)Where the court—

(a)is satisfied that the missing person has not been known to be alive for a period of at least 7 years, but

(b)is not satisfied that the missing person has died,

the finding must be that the missing person is presumed to have died at the end of the period of 7 years beginning with the day after the day on which he or she was last known to be alive.

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