If a loved one has been missing for a long time, then there may come a time when you wish to settle their affairs and deal with their property. This requires making the incredibly hard decision of having them declared as presumed to be dead. This is done by applying for a Declaration of Presumed Death.
What is a Declaration of Presumed Death?
A Declaration of Presumed Death is a certificate from the Court that ultimately allows you to apply for Probate. This will enable you to legally deal with the affairs and property of the missing person. The Declaration of Presumed Death certificate acts much in the same way as a Death Certificate.
The certificate, as the name suggests, presumes that the missing person has died - issuing a death time and date.
When is a Declaration of Presumed Death needed?
As mentioned, a Declaration of Presumed Death is required when a person has been missing for a long time. Under the Presumption of Death Act 2013, the period is seven years after the person has gone missing. However, it can be used in a period less than this if the person is thought to have died and gone missing. For example, if there is an accident or a natural disaster and the person has gone missing.
Anytime after this period is appropriate to apply for a Declaration of Presumed Death.
How do I apply for a Declaration of Presumed Death?
In England and Wales, you can apply to the High Court for a Declaration of Presumed Death. There are a few things to note about applying for a Declaration of Presumed Death, including who can apply for one, what other conditions must be met, what you need to do when applying, and how much it costs.
Who can apply for a Declaration of Presumed Death?
The following relations of a missing person can apply for a Declaration of Presumed Death:
- spouse/ civil partner,
- children,
- parents,
- siblings.
It is also possible for a person who is none of the above to apply for a Declaration of Presumed Death, but only if they can prove they have ‘Sufficient Interest’ to do so. This requires proving that you have a real connection to the missing person.
What other conditions must be met?
Other conditions apply as well before the High Court is able to consider your application. One (or more) of the following must be satisfied for the High Court to begin:
- you are the spouse/ civil partner of the missing person and are ‘domiciled’ in England or Wales. This means that you have your permanent home in England or Wales,
- you are the spouse/ civil partner of the missing person and have been living in England or Wales for a full year before making the application,
- the missing person was domiciled in England or Wales before they went missing, or
- the missing person was living in England or Wales for an entire year before they went missing.
The application process
You must fill in the application form to begin the process. This must be sent to the Court with your evidence and the appropriate fee. You must also send this form to the missing person’s family (spouse/ civil partner, children, siblings, parents, or closest living relative) and any other person/ organisation with interest - such as insurance companies.
After the Court returns your form, you must place an advertisement in the local newspaper of the last known place the missing person lived for seven days.
Within around two months, you will have a hearing at the High Court. You should bring along all evidence at this stage. It is possible that someone may challenge your application if they have reason to believe the missing person is still alive. At this hearing, the Court may inquire into the matter more by asking you questions or looking at your documents. They may or may not grant your Declaration of Presumed Death here and may even organise another hearing on the matter.
If the Court does grant your Declaration of Presumed Death you can apply to the General Register Office for a copy of this certificate - which can be used to apply for Probate.
The cost
The application for a Declaration of Presumed Death to the High Court costs £528. A copy of the Declaration of Presumed Death certificate costs £11.
Contact our Probate Solicitors in Central London today
Our Probate Solicitors at Lewis Nedas Law are experienced in dealing with Declaration of Presumed Death applications and can aid you through the process and help alleviate this added stress in what is already a very difficult time. Contact us on 020 7387 2032 or fill in our online enquiry form to get help from our team.
