Section 3 Effect of declarationI1

(1)

A declaration under this Act is conclusive of—

(a)

the missing person's presumed death, and

(b)

the date and time of the death.

(2)

A declaration under this Act is effective against all persons and for all purposes, including for the purposes of—

(a)

the acquisition of an interest in any property, and

(b)

the ending of a marriage or civil partnership to which the missing person is a party.

(3)

But subsections (1) and (2) apply to a declaration only if—

(a)

it has not been appealed against and the period for bringing an appeal has ended, or

(b)

it has been appealed against and the appeal (and any further appeal) has been unsuccessful.

(4)

For the purposes of subsection (3), an appeal has been unsuccessful if—

(a)

it has been dismissed or withdrawn, and

(b)

any period for bringing a further appeal has ended.

Annotations