In 2014, the UK introduced new legislation regarding missing persons which now allows families of missing people to apply for a presumption of death certificate. Here our probate and estate administration lawyers outline the law and how this can help families left behind.
What is a Presumption of Death Certificate?
Approximately 250,000 people are reported missing each year in the UK and, although many are found relatively quickly, sometimes, a person can go missing and years later their family still do not know what has happened to them.
After several years have passed, many loved ones who have been left behind may decide it is time to close their accounts, sell their property, and settle any affairs they left behind.
To do this, since 1st October 2014, families have been able to apply for a presumption of death certificate from the High Court for a missing person who is presumed dead. Made through the Presumption of Death Act 2013 in England and Wales, this is possible if the person has not been known to be alive for at least seven years.
A declaration becomes final once a given appeal window has ended, and subject to the outcome of any appeal made. This is often 21 days. You can then use this to secure a certificate.
A presumption of death certificate will cost anywhere from £680. This will include a court fee, as well as advertisement of the application in a local newspaper. Any legal fees will be in addition to this amount.
Please bear in mind, an applicant may be required to attend court to give evidence. This will involve a judge assessing your paperwork and possibly asking a few questions in order to make a decision based on the balance of probabilities.
Read more: Probate and Wills Jargon Buster
Why Would You Apply for a Presumption of Death Certificate?
Anyone who has a ‘sufficient interest’ in the outcome of a declaration can apply for one of presumed death for a missing person. This could include the missing person’s spouse, civil partner, parent, child or sibling.
A presumption of death certificate can be used in the same way as a regular certificate and allows the missing person’s next of kin to deal with the legal and financial issues that may have occurred during their absence. That means cancelling direct debits and standing orders, closing bank accounts and cancelling their passport of driving licence.
This also means that any marriage or civil partnership will come to an end, just as if the person had died and that property can be inherited per the missing person’s will via probate. If you do not want a relationship to end, you may be able to apply for the old ‘Leave to Swear Death’ procedure – ask your solicitor to learn more.
When the change was introduced, Justice Minister Lord Faulks QC said:
‘[This] marks a crucial step forward for families facing up to the terrible situation of losing someone without a trace. We have made sure that while they are dealing with the heartache of a loved one going missing, they no longer have to face such a daunting task to deal with the practical issues that are also created.’
What if the Person or More Evidence is Found?
The certificate can be cancelled or changed if you can prove the missing person is still alive or had died at a time earlier or later than presumed by the original certificate.
A ‘variation order’ can be applied for, though, please note, this will not reinstate a marriage or civil partnership. It will also not affect the ownership of any property obtained in good faith as a result of the declaration certificate. For example, a court can order for some property to be returned to the previously ‘missing’ person if it has been inherited. However, cannot if it has been sold on.
In some instances, it may be recommended that the trustee of the missing person’s estate take out an insurance policy to protect against any complications caused by a possible variation order.
Need Legal Help to Make an Application?
Our probate and estate administration lawyers are trained professionals who can assist you in completing and application and to prepare suitable evidence to accompany this. Once secured, our team can also help you to wind up any affairs and carry out probate.
Get in touch today to find out more.
