Estimating the time of death of a missing person through forensic medicine and its impact on inheritance: A comparative jurisprudential study

Abstract

The research addresses the estimation of the time of death of missing persons through forensic medicine and its impact on inheritance. It examines the legal rulings related to missing persons and the opinions of jurists regarding the declaration of death, as well as studying methods for estimating the time of death and the evidentiary value of medical expertise in establishing the precedence of death and determining its effects on inheritance. The importance of the research lies in distinguishing between establishing the death of a missing person and establishing the time of death; death may be confirmed after the discovery of the body or remains, while the exact time of death can only be determined within a probable time range, especially after a long period has elapsed. This becomes critical when the death of the deceased heir or the inheritor occurs close to this range, such that entitlement to inheritance depends on proving who died first. The research concludes that medical estimation can contribute to establishing the precedence of death when it is possible to determine a time range separate from the death of the other party. However, if the two time ranges overlap, mere probability is insufficient to establish the precedence of death. The study recommends developing a judicial mechanism for reviewing medical reports and evidence in cases where such overlap affects inheritance, while distinguishing between the date recorded in official documents and the degree of medical certainty regarding the time of death; as a recorded date may be sufficient for documentation purposes but insufficient to prove the precedence of death and determine its inheritance consequences.