Which of the following is NOT a criterion to establish a presumption of death?

• A. Diligent search for the person was unsuccessful.
• B. The person has been continuously missing for 9 years.
• C. There is a total absence of communication from the missing person to those who would reasonably be expected to have heard from the missing person.
• D. There is no reasonable explanation for the absence.

Answer: (B)

The concept being tested is how a presumption of death is legally established. It isn’t enough that someone has simply disappeared; there are specific conditions that, when met, allow a court to treat the person as dead for purposes like settling estates or winding up affairs.

Diligent search being unsuccessful is a key element. It shows that reasonable efforts were made to locate the person, and yet there is no sign of life. This supports the inference that the person may not be alive.

Total absence of communication from the missing person to those who would reasonably be expected to have heard from them also supports the presumption. It indicates there is no information suggesting the person is alive and able to communicate.

There being no reasonable explanation for the absence is another important factor. If there is a plausible reason for the person’s disappearance, the inference of death is weaker; its absence strengthens the claim that the person may be dead.

The statement about a fixed 9-year period, however, is not a universal criterion. The law generally requires a defined period of absence set by statute (the exact number can vary by jurisdiction), but the number itself isn’t the criterion in isolation. The presumption rests on meeting the statutory period plus the other elements showing no signs of life and no reasonable explanation.

So, the 9-year duration is not a standalone criterion, unlike the other factors that directly establish the conditions for presuming death.