Someone disappears. Years go by and they are still missing.
There is no message, no letter, nothing to indicate whether they
are still alive. No body is found. Families are in limbo. Can their
partner legally remarry? When can the missing person legally be
declared dead, their will enacted and their assets distributed?
Can someone be declared dead while missing?
The law states a person is presumed to be alive until they are
legally declared dead. If no body is found to prove they are dead,
neither police nor the coroner can declare a death has occurred.
The police investigation must remain open. Nobody has the authority
to deal with the person's property and assets.
This usually occurs when a person is swept out to sea, vanishes
during mountain climbing or is never found after a natural disaster
like a mudslide.
