This article is about the legal term. For the novel, see A Presumption of Death.
Jimmy Hoffa, who disappeared in 1975 and was presumed dead in 1982.
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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 (e.g., a corpse or skeleton) 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 alive—or after a shorter period, but where the circumstances surrounding a person's disappearance overwhelmingly support the belief that the person is dead (e.g., an airplane crash). 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.
A declaration that a person is dead resembles other forms of "preventive adjudication", such as the declaratory judgment.[1] Different jurisdictions have different legal standards for obtaining such declaration and in some jurisdictions a presumption of death may arise after a person has been missing under certain circumstances and a certain amount of time.
^Bray, Samuel L. (2010). "Preventive Adjudication". University of Chicago Law Review. 77 (3): 1275. SSRN 1483859.
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