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Cap. 16 · Civil Code (Cap. 16)

Cap. 16 Art. 299Certificate of absent person presumed dead.

Sub-title IV

In forceOfficial text

(1) If the absence of a person has continued for a period of six years since provisional possession has been granted or if the absence has been declared by judgment as provided under article

223 and such person is not one in respect of whose death the provisions of article 234 are not applicable in terms of article 235, then the heirs, whether testamentary or heirs-at-law of the absentee, or their heirs, or any interested person or the State Advocate, may make a demand to the court of voluntary jurisdiction in the island in which the absentee last resided to order the officer charged with the duty of drawing up the act of death, to draw up and deliver to the Director for registration within four days from that order, a certificate of death of the absent person according to Form G in Part II of the First Schedule to this Code.

(2) The absent person shall be presumed to have died on the day on which he was last heard of, and that date and all the particulars referred to in article 301, where known, shall be entered in the act of death.

Amendment history
  • Amended by XXV.2019.26