Overview

This bill establishes a clear legal process for declaring a missing person presumed dead in England and Wales. It outlines the criteria for applying for such a declaration, its legal consequences, and provisions for varying or revoking the declaration later.

Description

The Presumption of Death Bill sets out a formal procedure for declaring a missing person legally dead. An application can be made to the High Court if the person has been missing for at least 7 years or is believed to have died. The court must make a declaration including the date and time of presumed death if it's satisfied the person is dead or has been missing for 7 years. This declaration is legally binding for all purposes, including property inheritance and ending marriages or civil partnerships. The bill allows for variations or revocations of declarations upon application and outlines principles guiding decisions around property distribution. A new Register of Presumed Deaths will be maintained by the Registrar General. The bill also amends existing laws concerning the presumption of death in relation to marriage dissolution and civil partnerships.

Government Spending

The bill doesn't specify direct government spending figures. However, there will be costs associated with establishing and maintaining the Register of Presumed Deaths, as well as potential administrative and judicial costs related to processing applications and appeals.

Groups Affected

The bill primarily affects:

• Missing persons' families: Provides a legal framework for resolving matters related to inheritance and property ownership, and formally ending marriages or civil partnerships.
• Next of kin: Allows them to apply for a declaration of presumed death, though others may also apply.
• Insurance companies: Provides a framework for dealing with life insurance claims.
• Trustees: The bill impacts how they manage property under trusts affected by a declaration of presumed death.
• The legal profession: Will be involved in making applications and handling appeals.
• The High Court: Will be responsible for hearing and determining applications.

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