Presumption of death

Declaring person legally dead absent direct proof

A presumption of death occurs when a person is believed to be dead, despite the absence of direct proof of the person's death, such as the finding of remains attributable to that person. Such a presumption is typically made by an individual when a person has been missing for an extended period and in the absence of any evidence that person is still aliveโ€”or after a shorter period, but where the circumstances surrounding a person's disappearance overwhelmingly support the belief that the person is dead. The presumption becomes certainty if the person has not been located for a period of time that has exceeded their probable life span, such as in the case of Amelia Earhart or Jack the Ripper.

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