{"id":3386,"date":"2021-04-28T15:03:39","date_gmt":"2021-04-28T14:03:39","guid":{"rendered":"https:\/\/www.tayloremmet.co.uk\/blogs\/?p=3386"},"modified":"2021-04-28T15:03:39","modified_gmt":"2021-04-28T14:03:39","slug":"what-is-a-declaration-of-presumed-death","status":"publish","type":"post","link":"https:\/\/www.tayloremmet.co.uk\/blogs\/what-is-a-declaration-of-presumed-death\/","title":{"rendered":"What is a Declaration of Presumed Death?"},"content":{"rendered":"

Issues can arise for local authorities and beneficiaries alike where a<\/span>n individual\u00a0<\/span>has disappeared, leaving\u00a0<\/span>a wake of\u00a0<\/span>confusion as to the\u00a0<\/span>administration of<\/span> their assets and how to <\/span>take control of them.<\/span>\u00a0<\/span><\/p>\n

In these cases,<\/span><\/span>\u00a0where\u00a0<\/span><\/span>a specific criterion is met<\/span><\/span>,\u00a0<\/span><\/span>one\u00a0<\/span><\/span>solution is\u00a0<\/span><\/span>to obtain<\/span><\/span>\u00a0a\u00a0<\/span><\/span>D<\/span><\/span>eclaration of\u00a0<\/span><\/span>P<\/span><\/span>resumed\u00a0<\/span><\/span>D<\/span><\/span>eath.\u00a0<\/span><\/span>A successful\u00a0<\/span><\/span>application<\/span><\/span>\u00a0for a\u00a0<\/span><\/span>D<\/span><\/span>eclaration of\u00a0<\/span><\/span>P<\/span><\/span>resumed\u00a0<\/span><\/span>D<\/span><\/span>eath<\/span><\/span>\u00a0can allow for the assets\u00a0<\/span><\/span>owned by the missing person\u00a0<\/span><\/span>to be administered accordingly<\/span><\/span>\u00a0as if they had passed away<\/span><\/span>.\u00a0<\/span><\/span>\u00a0<\/span><\/p>\n

What is a Declaration of Presumed Death and when are they used?<\/span><\/h3>\n

A\u00a0<\/span>D<\/span>eclaration of\u00a0<\/span>P<\/span>resumed\u00a0<\/span>D<\/span>eath is a legal declaration which confirms the status of a missing person as being believed to have died<\/span>,<\/span>\u00a0along with a date and time of the presumed death.\u00a0<\/span>Significant p<\/span>roblems can arise\u00a0<\/span>in the estate administration of someone who is missing<\/span>,<\/span>\u00a0as they are not automatically presumed\u00a0<\/span>dead, meaning their assets cannot be distributed accordingly<\/span>.\u00a0<\/span>\u00a0<\/span><\/p>\n

In an attempt to<\/span>\u00a0alleviate such complexities,\u00a0<\/span>The Presumption of Death Act\u00a0<\/span>2013\u00a0<\/span>was\u00a0<\/span>introduced<\/span>\u00a0in October 2014. T<\/span>his meant that a\u00a0<\/span>D<\/span>eclaration of\u00a0<\/span>P<\/span>resumed\u00a0<\/span>D<\/span>eath\u00a0<\/span>could<\/span>\u00a0be sought<\/span>\u00a0<\/span>to<\/span>\u00a0enable the<\/span>\u00a0administ<\/span>ration\u00a0<\/span>of\u00a0<\/span>a<\/span>\u00a0missing person<\/span>\u2019s estate<\/span>\u00a0<\/span>or the\u00a0<\/span>dissolution of\u00a0<\/span>a\u00a0<\/span>marriage.<\/span>\u00a0<\/span><\/p>\n

What are the requirements to apply for a Declaration of Presumed Death?<\/span><\/h3>\n

There are\u00a0<\/span>a number of<\/span>\u00a0criteria which must be met in order to make\u00a0<\/span>a\u00a0<\/span>successful claim for a\u00a0<\/span>D<\/span>eclaration of\u00a0<\/span>P<\/span>resumed\u00a0<\/span>D<\/span>eath<\/span>.\u00a0<\/span>First of all<\/span>, such a claim\u00a0<\/span>can\u00a0<\/span>only\u00a0<\/span>be sought\u00a0<\/span>from the High Court if\u00a0<\/span>someone\u00a0<\/span>in England and Wales has been missing for:<\/span>\u00a0<\/span><\/p>\n