END OF LEGAL PERSONALITY
terminated by
death- persons Medical evidence is
rights and needed to prove
obligations are death…
therefore Heart stops beating
terminated or no brain activity
Allows deceased estate to be administered & surviving
spouse to remarry
PROOF OF DEATH
Death certificate issued WHEN: person dies, body found
& identified.
PROBLEM: when person disappears and
PRESUMPTION OF DEATH uncertainty if person is in fact deceased
There are two procedures used to receive presumption of death order
COMMON LAW PROCEDURE STATUTORY PROCEDURE
ENGLISH LAW INQUEST ACT 58 OF 1959
In terms of common law procedure…. An Magistrate must conduct an INQUEST if persons
INTERESTED PARTY death was not of natural causes (illness) but rather
Can bring an application to HIGH COURT. unnatural causes (external causes such as
INTERESTED PART= spouse, child or creditor homicide) refer sec (6) of ACT
Application bought to HIGH COURT, in jurisdiction If @ inquest body not found & evidence shows
of where person is missing and domiciled beyond reasonable doubt that they dead. Judicial
officer must record findings of deceased identity,
Person brining case must prove on balance of cause/ likely cause of death and date of death and if
probabilities (burden of proof in terms of civil case) death caused by any act or omission that proves to
In terms of English law- person must be missing for be an offense by anyone
7 YEARS but In terms of CASE LAW this differs HIGH COURT must confirm MAGISTRATE findings=
same effect as COMMON LAW, therefore person
estate can be administered
If deceased found- normal autopsy required to find
cause of death
terminated by
death- persons Medical evidence is
rights and needed to prove
obligations are death…
therefore Heart stops beating
terminated or no brain activity
Allows deceased estate to be administered & surviving
spouse to remarry
PROOF OF DEATH
Death certificate issued WHEN: person dies, body found
& identified.
PROBLEM: when person disappears and
PRESUMPTION OF DEATH uncertainty if person is in fact deceased
There are two procedures used to receive presumption of death order
COMMON LAW PROCEDURE STATUTORY PROCEDURE
ENGLISH LAW INQUEST ACT 58 OF 1959
In terms of common law procedure…. An Magistrate must conduct an INQUEST if persons
INTERESTED PARTY death was not of natural causes (illness) but rather
Can bring an application to HIGH COURT. unnatural causes (external causes such as
INTERESTED PART= spouse, child or creditor homicide) refer sec (6) of ACT
Application bought to HIGH COURT, in jurisdiction If @ inquest body not found & evidence shows
of where person is missing and domiciled beyond reasonable doubt that they dead. Judicial
officer must record findings of deceased identity,
Person brining case must prove on balance of cause/ likely cause of death and date of death and if
probabilities (burden of proof in terms of civil case) death caused by any act or omission that proves to
In terms of English law- person must be missing for be an offense by anyone
7 YEARS but In terms of CASE LAW this differs HIGH COURT must confirm MAGISTRATE findings=
same effect as COMMON LAW, therefore person
estate can be administered
If deceased found- normal autopsy required to find
cause of death
