Burden of proof: claimant asserting death must prove it when evidence shows the person was alive within a recent period. When it is established that a person was alive within thirty years, the burden of proving that the person is dead lies on the party who affirms the death; ... Summary
Burden of proof: claimant asserting death must prove it when evidence shows the person was alive within a recent period.
When it is established that a person was alive within thirty years, the burden of proving that the person is dead lies on the party who affirms the death; this creates a presumption favoring life and places evidentiary onus on the asserting party to overcome it.
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