Tuesday, December 25, 2018
Linda Schoeman-Malan recently published an Article entitled, Missing Persons – Current Tendencies, Wills, Trusts, & Estates Law eJournal (2018). Provided below is an abstract to the Article.
This contribution provides an overview of the historical background to presumptions related to both “life and death” of absentees. The position in South Africa is compared with statutory developments in England where legislation was adopted in 2013 incorporating clear procedures for the regulation of a situation where persons go missing. The possible problems which interested parties might face when a loved-one goes missing are discussed with reference to South African and English case law. In conclusion, the questions whether the time has come for South Africa to consider statutory intervention in this regard, and whether such intervention will contribute to legal certainty, are considered.