The Position Of The Ghanaian Law On Missing People
He said according to The Evidence Act of 1975, Section 33, a person can only be declared legally dead after seven years by a court, where the person in question has not been seen or heard from in seven years despite diligent and persistent efforts to find him.
He added that in the event the missing person left a will, anyone who stands to derive any benefits such as spouse, parents or business partners, would have to be withheld until after seven years have elapsed.
“If there were any proceeds to be derived from joint ventures such as businesses that the missing person has done with anyone in terms of sales and proceeds, it would still have to split jointly.
This is done to ensure no one tramples on his or her rights,” he said.
Lawyer Atuahene, however, explained that these were presumptions and as such, if anyone could provide any facts or evidence of the person's availability or if he could be found before the seven years elapses, then everything would proceed as normal since he would be deemed as being alive.
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