disappearance and presumed death

Question 1

What is the main statute that we look at when dealing with the disappearance of an individual?

Answer 1

Presumption of Death (Scotland) Act 1977

Question 2

what are the two main cases of any lost individual?

Answer 2

these are when there has been a disaster OR

when they have just gone missing

Question 3

how long does the clamant have to wait in a disaster situation before they can raise a declarator of death?

Answer 3

they may raise an action immediately.

Question 4

how long does the clamant have to wait in a random disappearance before they can raise a declarator of death?

Answer 4

they need to wait a period of 7 years before they may make a claim.

Question 5

are the rules of the Presumption of Death (Scotland) Act 1977 coherent and satisfactory?

Answer 5

countries abroad may not have the required documents to prove that they have died.

may want to get re-married before the period of 7 years.

need to pay for bills of the home on their own without the income support of their spouse.

the date of which they went missing may be inaccurate and ambiguous.

Question 6

who can raise an action for a declarator of death?

Answer 6

only the spouse or the civil partner