Simple English definitions for legal terms
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Presumption of Death: When someone goes missing and is not heard from for a long time, usually seven years, people may assume that the person has died. This is called the presumption of death.
The presumption of death is a legal concept that arises when a person has been missing for an extended period of time, usually seven years or more, and there is no evidence to suggest that they are still alive. In such cases, the law presumes that the person is dead, even if there is no proof of their death.
For example, if a person goes missing and is not heard from for seven years, their family may apply for a presumption of death certificate. This certificate allows them to deal with the person's estate and other legal matters as if they were dead.
Another example is when a person is lost at sea or in a plane crash and their body is never found. In such cases, the law may presume that the person is dead after a certain period of time has passed.
The presumption of death is an important legal concept that helps families deal with the legal and financial consequences of a loved one's disappearance. It also allows them to move on with their lives and begin the process of grieving and closure.