Issues can arise for local authorities and beneficiaries alike where an individual has disappeared, leaving a wake of confusion as to the administration of their assets and how to take control of them.
In these cases, where a specific criterion is met, one solution is to obtain a Declaration of Presumed Death. A successful application for a Declaration of Presumed Death can allow for the assets owned by the missing person to be administered accordingly as if they had passed away.
What is a Declaration of Presumed Death and when are they used?
A Declaration of Presumed Death is a legal declaration which confirms the status of a missing person as being believed to have died, along with a date and time of the presumed death. Significant problems can arise in the estate administration of someone who is missing, as they are not automatically presumed dead, meaning their assets cannot be distributed accordingly.
In an attempt to alleviate such complexities, The Presumption of Death Act 2013 was introduced in October 2014. This meant that a Declaration of Presumed Death could be sought to enable the administration of a missing person’s estate or the dissolution of a marriage.
What are the requirements to apply for a Declaration of Presumed Death?
There are a number of criteria which must be met in order to make a successful claim for a Declaration of Presumed Death. First of all, such a claim can only be sought from the High Court if someone in England and Wales has been missing for:
- 7 years or more
- less than 7 years and it is believed they have died
Secondly, a claim for a Declaration of Presumed Death can be made if the applicant is the missing person’s:
- spouse or civil partner
- parent
- child
- sibling
If none of these apply in the circumstances, then the applicant will need to prove to the court that they have enough of a familial connection to the missing person (‘sufficient interest’).
Finally, if the application is being made in accordance with UK law, one or more of the following must also apply:
- The applicant is the missing person’s spouse or civil partner and they are legally domiciled in England or Wales on the date the claim is made
- The applicant is the missing person’s spouse or civil partner and they have been living in England or Wales for the whole year prior to the date the claim is made
- The missing person was legally domiciled in England or Wales on the date they were last known to be alive; and/or
- The missing person was living in England or Wales for the whole year prior to the date they were last known to be alive.
Our specialist Inheritance Tracing team have made successful applications for Declarations of Presumed Death, allowing beneficiaries to take control of, and administer, property which they were previously unable to.
We act for local authorities, private organisations and individuals throughout the country and offer a comprehensive variety of solutions to assist with all matters relating to Inheritance Tracing.
For more information about Declarations of Presumed Death and Inheritance Tracing please do not hesitate to contact our Inheritance Tracing and Empty Homes team on (0114) 218 4000 or email info@tayloremmet.co.uk
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