What Is a Presumed Death Judgment and For Whom Is It Issued?

What Is a Presumed Death Judgment and For Whom Is It Issued?

Iranian law permits courts to issue a presumed death judgment only in specific and limited circumstances.

This judgment is intended for situations in which a person’s actual and certain death has not been proven, yet the prevailing circumstances indicate that the person is no longer alive.

In legal terminology, presumed death is sometimes referred to as “constructive death.” Once issued, the judgment produces effects similar to an actual death in relation to the individual’s personal status and property. As a result, the person is treated as deceased under the law.

Conditions and Required Time Periods for Issuing a Presumed Death Judgment

Presumed Death of a Missing Person

The Iranian Civil Code addresses the issuance of a presumed death judgment for a missing person. Under the law, such a judgment may be issued only after the statutory time periods have elapsed. Commonly referenced situations include the following:

1. Ten years have passed since the person’s disappearance, and the missing person would have reached the age of 75.
2. No news has been received for three years regarding a person who served in a military force engaged in a war that ended in peace. If the war did not end in peace, the relevant period is five years from the end of hostilities.
3. Where no information confirming survival has been received for three years after a shipwreck during a sea voyage.

Filing a Petition for a Presumed Death Judgment

A petition for presumed death is examined by the Family Court in the section handling matters relating to incapacitated persons and missing persons. The petition is submitted by an interested party and is typically filed against the heirs and the public prosecutor.

To submit the petition, the applicant generally must proceed through the designated electronic judicial services offices and complete the required filing steps. The petition should be filed with the competent court in the place of residence or domicile of the missing person.

In practice, proceedings of this nature often require approximately 14 to 18 months.

Legal Effects of a Presumed Death Judgment

The effects of a presumed death judgment may be divided into financial and non-financial consequences. These effects are widely recognized in many legal systems, and the related issues have also been discussed in Islamic jurisprudence.

One of the most significant financial consequences concerns the inheritance and distribution of the missing person’s estate. A key non-financial consequence concerns marital status and the question of whether and how the marriage may be dissolved.

Property and Estate of the Presumed Deceased

Following the issuance of a presumed death judgment, the missing person’s assets are generally distributed among the heirs in accordance with inheritance rules. Therefore, the legal steps applicable to estate administration may also apply, including preparation of an inventory of the estate and settlement of outstanding debts and liabilities. Only after such obligations are addressed can the remaining assets be distributed.

In addition, if the missing person becomes entitled to property or inheritance before the presumed death judgment is issued, the relevant assets are entrusted to a legally appointed trustee (Amin). Appointment of such a trustee is a legal necessity. If the person does not return before the issuance of the presumed death judgment, those assets may then be transferred to the heirs in accordance with the applicable rules.

How Does a Presumed Death Judgment Affect Marriage?

One of the most sensitive issues in cases involving a missing person is the status of the marital relationship. Under the applicable rules, a wife may, after four years have passed from the husband’s disappearance, refer to the Family Court and request legal action based on the husband’s absence.

After the court reviews the request, a public notice is typically published in a widely circulated newspaper. A one-year period is then provided to allow for the possibility of the missing person’s return. If the missing person does not return within that period, the court may issue a divorce judgment, and the wife must observe the waiting period associated with death (Iddah of death).

Return of the Missing Person After a Presumed Death Judgment

If the missing person returns after the presumed death judgment has been issued, the individual generally cannot object to the distribution of property already transferred to heirs or to the divorce. However, any remaining assets may be restored to the person.

If part of the property has been disposed of for lawful reasons, including sale to third parties, that portion may not be recoverable. It should also be noted that if the missing person returns during the waiting period, the marital relationship may continue. If the waiting period has ended, the marital relationship can be reestablished only through a new marriage.

Frequently Asked Questions