Being alive has legal consequences. So too does death. When
someone goes missing (in addition to the emotional trauma) a legal
vacuum occurs. The law tries to offer a solution which balances the
need for legal certainty against the possibility that a missing
person will reappear.
Consequences
Deciding that a missing person has died, and the date on which
that person is deemed to have died, may have significant
consequences.
For example, during the time that person has been missing,
another person may have died having left the missing person a
legacy. The determination of the date of the missing person's
death will decide whether or not the missing person's estate
takes the benefit of that legacy. There are other complications,
such as whether pension payments have to be repaid and so
forth.
