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In law, a man is presumed to be dead if he is not heard of as alive for

Evidence Act section 108 shifts the burden of proving life when a person has not been heard of for seven years by those who would naturally have heard from him. It does not…

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In law, a man is presumed to be dead if he is not heard of as alive for

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Evidence Act section 108 shifts the burden of proving life when a person has not been heard of for seven years by those who would naturally have heard from him. It does not establish a particular date of death or dispense with the required evidence about those expected to hear from him. None of the other periods is the statutory seven-year period.

Current law: BSA section 111 retains this seven-year burden rule for proceedings governed by the new evidence statute; pending proceedings remain under the Evidence Act by BSA section 170.

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