26 February 2025
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.
Why seek legal advice?
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.