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Presumption of Death Act 2013 to come into force from October (16 July 2014)

Date: 16/07/2014
Duncan Lewis, Legal News Solicitors, Presumption of Death Act 2013 to come into force from October

The government has announced that the Presumption of Death Act 2013 will come into force from 1 October, giving the relatives of missing persons who are presumed to have died more power to keep their loved ones’ affairs in order.

When a person goes missing, if it is likely they have died an inquest may be held so that a death certificate can be issued to enable the family of the missing person to handle or wind up their affairs, including any claim made on a life insurance policy.

Protecting the interests of a loved one who has gone missing and is likely to have died can be difficult and traumatic for family members, who may have to press for an inquest – or seek legal help to protect their loved one’s interests and keep their affairs in order.

From October, the families of people missing in England and Wales will have easier access to the presumption of death system – although campaigners are pressing for a guardianship system to be introduced to make dealing with the personal affairs of a loved one who has gone missing more straightforward.

The chief executive of Missing People, Jo Youle, said:

“The new Act is a big step forward from the costly, confusing and often traumatic bureaucracy families used to face.

“We are delighted that families and professionals will soon be able to use the new presumption of death system.

“Although this progress is significant, loved ones of missing people still need to be able to protect their relative's affairs in the shorter term, and so we will be continuing our campaign for guardianship orders to end unnecessary pain for those affected.”

The Act received Royal Assent in March 2013 and the move to give the families of missing persons more help with handling their loved one’s personal affairs is supported by the father of missing chef Claudia Lawrence.

Peter Lawrence is the Family Representative for Missing People. He welcomed the news that the Act was finally coming into force “after a long delay”.

“I am very pleased that – after a long delay since March 2013, when the Presumption of Death Act was passed in Parliament and received Royal Assent – it is finally going to come into force on October 1, and thus be able to be utilised by the many that are waiting to use its powers,” Mr Lawrence said.

“It is also good to hear that a consultation on guardianship is to take place soon – and it, too, needs to become law as soon as possible afterwards, to enable the many thousands of families who would wish to use this within a short period after their loved one has gone missing, and enable them to keep the person’s affairs in order in their absence.”

Both Northern Ireland and Scotland have similar legal systems in place to enable the families of missing persons to make sure their loved one’s personal affairs are kept in order in their absence.


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