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Month: February 2025

How to apply for a Declaration of Presumed Death: A guide for families of missing persons

Posted on by Britt Thompson

When a loved one goes missing, the uncertainty and emotional toll can be overwhelming. We understand that this is a deeply distressing time, and making legal arrangements may feel daunting. However, in some cases, applying for a declaration of presumed death may be necessary to help settle financial and legal matters, such as inheritance, pensions, and property ownership. Our experienced legal team is here to guide you through the process and help you understand what to expect.

What is a Declaration of Presumed Death?

A declaration of presumed death is a legal process through which a court recognises that a person is presumed to have died, despite their body not being found. This can be necessary for settling their estate, accessing insurance benefits, or closing financial accounts. The Presumption of Death Act 2013 provides the legal framework for making such applications.

Who can apply for a Declaration of Presumed Death?

Only certain individuals have the legal standing to bring a claim for a declaration of presumed death. Generally, family members of the missing person, such as a spouse, parent, child, or sibling, are those who have the right to apply. However, even if you are not related to the missing person, you may still be eligible to bring the application if you can demonstrate “sufficient interest” in the determination of the application, such as if you were named as an executor in the missing person’s will.

The application is made to the High Court, and the process can be emotionally taxing, so having expert legal support is crucial.

The process for making a Declaration of Presumed Death application

Step 1: Establishing the Period of Absence

Before applying, it is essential to demonstrate that the missing person has been absent for a continuous and significant period. In most cases, the person must have been missing for a minimum of 7 years, though the timeframe can vary depending on the specifics of the case.

Step 2: Gathering evidence

To support the application, the applicant must provide compelling evidence to the court. This typically includes:

  • The missing person’s last known location and the circumstances surrounding their disappearance.
  • Details of any attempts to locate the person, such as police investigations, search efforts, and media outreach.
  • Statements or testimonies from individuals who may have knowledge of the missing person’s situation.
  • Relevant personal and financial documentation, such as the missing person’s will, assets, and liabilities. Particularly, it will be helpful to show evidence of the missing person’s financial inactivity.

Step 3: Filing the application

Once you have gathered the necessary evidence, you will need to file an application with the High Court. This process involves submitting a claim form to the court, along with all supporting documentation. A court fee is also payable.

Step 4: Attending the hearing

After submitting your application, you will need to attend a hearing before a judge. This hearing is an essential part of the process, during which the judge will review the evidence you have presented and determine whether a declaration of presumed death should be granted. At Blaser Mills Law, we can help make this hearing less stressful by instructing an experienced barrister to represent you during the hearing.

The court will assess the evidence provided and determine whether a declaration of presumed death should be granted. If the court is satisfied with the evidence, it will issue a formal declaration of death, legally recognising the person as deceased. If there are any issues or further evidence is required, the court may schedule another hearing or request additional information.

Step 5: Post-Declaration steps

Once the court has issued the declaration of presumed death, the applicant can take necessary actions related to the estate of the missing person, including applying for probate, handling financial matters, and managing any debts or assets in accordance with the law. Additionally, the family members may proceed with personal matters, such as remarrying or making decisions regarding the missing person’s affairs.

Why is this important?

We know that no legal process can ever replace the presence of a missing loved one, but obtaining a declaration of presumed death can help bring a sense of closure and allow families to move forward. Without it, financial institutions and legal bodies will continue to treat the missing person as alive, which can create further difficulties in managing their affairs.

The process of applying for a declaration of presumed death is complex and involves various legal considerations. It is crucial to seek legal advice from an experienced solicitor, especially when dealing with sensitive matters and the potential for dispute.

Our solicitors, Matthew Whipp and Laxmi Mall, are well-versed in the intricacies of this area of law and can guide you through the process with care and professionalism. We offer a compassionate approach to help families and loved ones of missing persons navigate these difficult situations while ensuring that all legal requirements are met.

For help with a Declaration of Presumed Death call the team on 020 3814 2020, send an email to litigation@blasermills.co.uk. Alternatively, fill in our contact form.

Green leases: Leases with a sustainable approach

Posted on by Britt Thompson

In recent years, sustainability has become a big topic of conversation, and as many industries revise their way of doing business by implementing sustainable practices, the real estate sector is no different and business and property owners are now more conscious of their environmental footprint. As a result, green leases are becoming more prevalent in real estate, particularly in large buildings with a significant environmental impact.

What are green leases?

Green leases, sometimes also referred to as environmental, or sustainable leases are clauses within a lease that are intentionally designed to promote environmentally friendly practices between a landlord and tenant during the term. This relatively new area of interest and its intricacies can be complex and obtaining legal advice is essential to ensure that the terms are both clear and beneficial to both parties.

Why should you consider implementing a green lease?

Increased property value: A property with a green lease may be more desirable, potentially commanding higher rents and increase in market value for landlords.

Improved working environments: Many green leases result in improved indoor air quality, lighting, and other factors contributing to a healthier work environment for tenants.

Cost savings: Green leases typically include energy saving initiatives, which can lead to lower utility bills for tenants and reduced maintenance costs for landlords.

Future proofing: As governments impose stricter environmental regulations, green leases help both parties comply with these laws, preparing the property for future legislation and avoiding penalties.

Financial incentives: Green leases may unlock financial benefits such as tax subsidies for making environmentally friendly upgrades to a property. A solicitor can assist in identifying and negotiating these opportunities, ensuring both parties maximise the financial savings.

Whilst green leases offer many benefits, drafting and negotiating the agreements between parties will require careful consideration and costs must be carefully balanced to ensure the lease is effective for both parties.

Tailored clauses: Every business and property are unique, and so are their sustainability needs. A solicitor can help tailor green lease clauses to reflect specific environmental goals, whether it’s reducing energy consumption or otherwise.

Financial incentives: Many green leases offer financial incentives such as tax credits, government subsidies, or other financial support for sustainable improvements. A solicitor can assist in identifying and negotiating these incentives to ensure both parties’ benefit.

Long term success: A well drafted green lease can include performance monitoring clauses to track progress toward sustainability targets. A solicitor can help ensure the lease is structured to achieve these long-term goals.

Whether you’re a tenant seeking an environmentally conscious space or a landlord aiming to increase the sustainability of your property, consulting with a solicitor will help ensure that your green lease meets all legal requirements and protects your interests now and in the future.

If you would like assistance on navigating green leases, our commercial property lawyers can support you. For further information please contact our Real Estate team on 020 3814 2020 or email realestate@blasermills.co.uk.

Wills vs. Lasting Powers of Attorney: Key differences

Posted on by Britt Thompson

When planning for the future, many people assume that writing a Will is enough to ensure their affairs are in order. However, a Lasting Power of Attorney (LPA) serves a different and equally important purpose. Whilst both documents help manage personal affairs, they operate at different times and cover different aspects of decision-making.

Shannon Zermani, a Lawyer in the Wills, Trusts and Probate team, outlines the key differences between a Will and an LPA for effective estate planning.

What is a Will?

A Will is a legally binding document that outlines how a person’s estate (money, property, and possessions) should be distributed after their death. It allows individuals to:

  • Appoint executors to manage their estate
  • Specify who should inherit their assets
  • Name guardians for any minor children
  • Make their funeral wishes known
  • Provide for charities or other beneficiaries

A Will only takes effect upon the death of the person who has created it and can be changed throughout your lifetime.

What is a Lasting Power of Attorney (LPA)?

An LPA is a legal document that allows someone to appoint one or more individuals (the attorneys) to make decisions on their behalf if they lose mental capacity during their lifetime. There are two types of LPAs:

  1. Health and Welfare LPA – These covers decisions about medical treatment, care, and daily living. It only takes effect if the donor (the person putting the LPA in place) loses mental capacity. Whilst the donor has capacity, only they will make decisions about their health and welfare.
  2. Property and Financial Affairs LPA – This allows the attorneys to manage finances, including bank accounts, bills, property sales, and investments. It can be used either before or after the donor loses mental capacity, depending on their wishes.

Unlike a Will, an LPA is valid only during the donor’s lifetime. Once the donor passes away, the LPA ceases to be effective, and the executor of the Will takes over.

Key differences

The main difference between a Will and an LPA is their purpose. A Will is designed to distribute a person’s assets after death, while an LPA is intended to manage a person’s affairs during their lifetime if they lose mental capacity.

A Will takes effect only after death, whereas an LPA can take effect during the donor’s lifetime if required. In a Will, individuals appoint executors to manage their estate, whereas in an LPA, they appoint attorneys to make decisions on their behalf.

Another key difference is that a Will does not require registration with any authority before it becomes valid. In contrast, an LPA must be registered with the Office of the Public Guardian before it can be used.

Do I need a Will and an LPA?

Yes. Many people create a Will but overlook setting up an LPA. However, without an LPA, if you lose mental capacity due to illness or an accident, no one (not even family) has automatic rights to manage your affairs. They would have to apply to the Court of Protection for a deputyship order. This will lead to delays, potential financial difficulties, and costly court applications.

By having both a Will and an LPA, you ensure that your affairs are taken care of, both during your lifetime and after your death by those appointed. You also ensure that you are appointing people whom your trust.

If you’d like to set up a Will or Lasting Power of Attorney, contact Shannon Zermani at 01494 478687 or email shannon.zermani@blasermills.co.uk.

Navigating divorce with confidence

Posted on by Britt Thompson

Divorce can be one of life’s most challenging experiences, but approaching it with the right mindset and knowledge can make a significant difference.

Kate Jones, Senior Associate in the Family and divorce team, shares her top tips to help navigate this difficult journey:

Selecting the right lawyer is crucial. Look for someone experienced in family law, empathetic, and willing to explore alternative dispute resolutions, like mediation, before heading to court.

2. Understand your finances

Get a clear picture of your assets, liabilities, income, and expenses. This includes bank accounts, property, pensions, and debts. Knowledge is power, and having accurate financial information before your first meeting with a lawyer will allow them to provide detailed advice and will streamline negotiations.

3. Put children first

If children are involved, their welfare should be the priority. Avoid placing them in the middle of disputes. A lawyer or mediator can help you to agree the arrangements with your spouse, for example how often the children will live with each parent.  Once these arrangements have been agreed it is important to present as a united front. Maintain open communication about what changes they can expect and consider a parenting plan to ensure their needs are met.

4. Communicate respectfully

It’s tempting to vent frustrations, but maintaining respectful communication can prevent conflict from escalating. Keep emotions in check when discussing arrangements, especially in writing, as emails and messages may be used in court.

5. Avoid social media pitfalls

Be cautious about what you share online. Posts about your personal life, financial situation, or frustrations with your ex-partner can be used against you in court. A good rule: if in doubt, don’t post it.

6. Think long term

Avoid focusing solely on short-term victories. Prioritise settlements that support your financial stability, future living arrangements, and relationship with your children. Emotional decisions often lead to regrets later.

7. Consider mediation

Court battles can be emotionally and financially draining. Mediation can provide you with the opportunity to reach an agreement amicably, often at a fraction of the cost and time of litigation. Lucinda Holliday, Partner at Blaser Mills Law, is an experienced mediator and can offer child inclusive mediation where necessary.

8. Plan for life post divorce

Begin to visualise your new chapter. Set realistic goals for housing, career, and personal well-being. Consider seeking support from a therapist or counsellor to process your emotions and plan your next steps.

Every divorce is unique, and the process can be complex. By staying informed, focused, and proactive, you can achieve a resolution that supports your long-term well-being. The right guidance and approach will help you navigate this transition with resilience and confidence.

For a confidential chat please get in touch with Kate Jones on 01494 478684 or email kate.jones@blasermills.co.uk.