Death in absentia

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Death in absentia describes a legal finding of death if a person has been missing for more than a certain period of time.

In many cases, although a body cannot be found, a person can be declared dead if the circumstances warrant. For example, the passengers and crew of the Titanic were presumed to be dead immediately after the disaster if they were not among the survivors. The same is usually true of soldiers Missing in Action, who are presumed to be dead after a short period of time. Generally speaking, if a person is missing, evidence can be presented in court of circumstances that would lead the court to believe the person was deceased on the balance of probabilities.

However, if there is no clear reason for a person's disappearance, and no evidence of their death, they do not remain alive indefinitely. At some point in the future, usually set by statute (although the common law set the period of time at seven years), the person is presumed to be dead if there is no evidence to the contrary.

There have been several cases of persons disappearing with no indication of foul play. Two of the most famous are Lord Lucan of Great Britain, and the case of Judge Crater in the United States.

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