Presumption of Death Law and Legal Definition

Presumption of death means the assumption of death of a person who unexpectedly disappeared and was continuously absent for an extended period, especially seven years. The presumption of death belongs to the class of rebuttable, as distinguished from conclusive, legal presumptions. Presumptions of the rebuttable kind are certain assumptions or legal rules defining the amount of evidence requisite to support a particular allegation. With respect to rebuttable presumptions, unless they are explained away or rebutted by evidence to the contrary they are conclusive evidence.