News article published on: 21st October 2014
Under the Presumption of Death Act 2013, which came into force on 1st October 2014, an application can be made to the High Court for a declaration that a missing person who is thought to be dead or who has not been known to be alive for a period of at least 7 years can be presumed dead.
This simplifies the task of dealing with different aspects of the missing person’s property and affairs for loved ones left behind, allowing one application to be effective for all purposes, instead of the previous rules requiring declarations for each specific purpose
The High Court declaration will stand as conclusive of the missing person’s presumed death. The missing person’s property will pass to others as if the missing person has died and been certified dead, and his or her marriage or civil partnership will end.
In the event that an individual declared presumed dead under the new Act, reappears as a later date, the declaration may be varied or revoked.
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