Being declared dead when missing ?

[H2ODunc]

Just a shot in the dark here but last week was the 2nd anniversary of the death of my friend. He went missing when cave diving in a sink hole in the jungle. I have his family here and they were wondering how long they have to wait before he can be officially declared dead. They have been told several different figures. They are going to see a solicitor Friday but I thought I would throw it out to those on the forum to see if they had any idea ? Cheers Dunc !

[Bristolian]

I hope that this helps:

The Thailand Civil and Commercial Code

Section 61. If a person has left his domicile or residence and it has been uncertain for five years whether he is living or dead, the court may, on the application of any interested person or of the public prosecutor, adjudge that such person has disappeared.

The period of time under paragraph one shall be reduced to two years;
1. As from the day when the battle or war comes to an end and the person who had been engaged in such battle or war has been disappeared therein;
2. As from the day when the vehicle on which the person had been travelling was lost or destroyed;
3. As from the day when any peril of his life other than those mentioned in (1) or (2) has passed and the person had been in such peril.

Section 62. A person against whom an adjudication of disappearance has been made is deemed to have died at the completion of the period specified in Section 61.

Section 63. If it is proved by the person adjudged disappearance, any interested person or of the public prosecutor that the person who disappeared is living, or that he died at a time different from that specified in Section 62, the court must, upon the application of the said person, revoke the adjudication; but this does not affect the validity of acts done in good faith between the adjudication and the revocation.

Section 64. The adjudication of disappearance and its revocation shall be published in the Government Gazette.

[H2ODunc]

Thank you. I will pass it on to her. His Mum has been told from 2, 5, 7 years before he can be declared dead. Surprisingly though his English insurers paid out without any fuss at all.
Cheers again Dunc

[Bristolian]

Hi Dunc

I am no legal expert, I just happened to know a website that had the correct information. So simple copy and paste

I did also find that both the UK and US have similar legal guidelines except the time period was 7 years.

Also it is possible to have someone declared legally dead in both the US and UK, even though they were missing, presumed dead in another country.

I am pleased that the UK insurance company did not wait for the legal decision. At traumatic and sad times like these, you do not need the additional burden of legal issues.

[H2ODunc]

Thanks again mate for taking the time to post. Another poser for you. Is there any reason you can think of as to why his Thai wife would insist on waiting for the full 7 years to pass before having him declared dead ? Surely if he can be declared dead after two years that would be better all round ? I can't see the logic in her thinking though that is of no surprise . Everyone was expecting the British insurers to try to stall things especially as it happened here in Thailand but they paid up without any hassle at all. All were well impressed at the service.
My next mission is to try to find the body but on the few dives I have done it isn't going to be easy and probably beyond my skills. I am thinking of maybe an ROV search due to the depths and the dangers. That isn't though going to be cheap. cheers again Dunc

[Bristolian]

Is there any reason you can think of as to why his Thai wife would insist on waiting for the full 7 years to pass before having him declared dead ? Surely if he can be declared dead after two years that would be better all round ? I can't see the logic in her thinking though that is of no surprise
I

Without knowing the details it is difficult to give you any clues.

It would be easy to jump to conclusions that probably would not be fair to his wife. You would need to look at their personal circumstances to even begin to understand.

Are there any children?
Is there an insurance policy in Thailand?
Did they have any property or assets in Thailand?
Was he working in Thailand before his untimely death and therefore is his employer still providing an income?

Do any of the family know her well enough to ask her why 7 years? You may simply get the answer.

Usually the answer is directly in front of you. Most of us never bother to look from the perspective of the other person.

Sorry that this is not the definitive answer that you were probably looking for. You say:-

I can't see the logic in her thinking though that is of no surprise

Is that a general statement about understanding Thai people or is it more specifically directed towards his wife?

Cheers !!!

[blue05]

Thanks again mate for taking the time to post. Another poser for you. Is there any reason you can think of as to why his Thai wife would insist on waiting for the full 7 years to pass before having him declared dead ? Surely if he can be declared dead after two years that would be better all round ? I can't see the logic in her thinking though that is of no surprise . Everyone was expecting the British insurers to try to stall things especially as it happened here in Thailand but they paid up without any hassle at all. All were well impressed at the service.
My next mission is to try to find the body but on the few dives I have done it isn't going to be easy and probably beyond my skills. I am thinking of maybe an ROV search due to the depths and the dangers. That isn't though going to be cheap. cheers again Dunc

maybe she is hoping he is not dead? some people live with hope

[richard]

Bit Bizarre and hopefully not relevant but I do know you can buy a death certificate and I know of at least two who have done so in Khon Kaen province. Both alive and kicking, missing in action etc