Presumptive Death Law and Legal Definition

Presumptive death is death inferred from proof of the person's long, unexplained absence, usually after seven years. Such a presumption arises by prolonged absence of a person for a prescribed number of years, during which no one has seen or heard from the person and there is no known reason for the person's disappearance that would be incompatible with a finding that the individual is dead. The law grants a person divorce or a legal exemption to a person so that a person can remarry, if his/her spouse is absent without any explanation for a certain number of years, usually five to seven.