Continue reading "Presumption of death: What to do when someone goes missing"
Tolley v No Defendant [2023] WTLR 1187
Wills & Trusts Law Reports | Autumn 2023 #192Caroline Fisher was an only child and her parents were deceased. In September 2020 she made a will appointing the claimant, her friend, as her executor. In January 2022, she drove into the sea and had not been seen since. The claimant issued a CPR Part 8 claim under the Presumption of Death Act 2013 for a declaration of presumption of death before the will had been proved. Section 1(5) of the 2013 Act provides that the court must refuse to hear the application if:
- (a) it is made by someone other than a missing person’s spouse, civil partne...
Presumption Of Death: Getting closure
Continue reading "Presumption Of Death: Getting closure"