Overview

This bill establishes a new legal process for declaring a missing person presumed dead. It streamlines the existing procedures, clarifies the process for dealing with the missing person's property and financial affairs, and introduces a new register of presumed deaths.

Description

Eligibility for a Presumption of Death Declaration

An application for a declaration of presumed death can be made to the High Court if a person has been missing and is thought to have died, or has not been known to be alive for at least 7 years. The applicant must either be domiciled in England and Wales for at least a year, or be the spouse/civil partner of the missing person and meet the same domicile requirement. The court may refuse applications if the applicant lacks sufficient interest. Close relatives (parents, children, siblings) are considered to have sufficient interest.

The Declaration Process

If the High Court is satisfied the missing person is dead, or has been missing for at least 7 years, it will issue a declaration of presumed death. This declaration will include the date and time of death (or the end date of the 7-year period). The declaration is conclusive and effective for all purposes, including ending marriages or civil partnerships and transferring property rights.

Variation and Revocation of Declarations

The High Court can vary or revoke a declaration on application. The court must consider the interests of all parties involved, especially concerning property rights. If a variation order is made, the court must also make an order regarding any property acquired as a result of the initial declaration. Any such order will not affect income received before the variation order was issued. Insurance policies must be taken out to protect against claims arising from property disputes.

Register of Presumed Deaths

A new Register of Presumed Deaths will be maintained by the Registrar General. Details of the declarations and subsequent variations will be recorded on this register, providing a centralised record of presumed deaths and accessible for the public.

Other Provisions

The bill includes provisions for the Attorney General to intervene in proceedings, for other parties to intervene with leave of the court, and for referrals to the Chief Coroner in appropriate cases. It also specifies procedures for handling costs associated with the applications and repeals outdated legislation on presumption of death.

Government Spending

The bill's direct impact on government spending is not specified in the text. The main cost would likely be associated with the administration and maintenance of the new Register of Presumed Deaths. Indirect costs might be associated with court proceedings.

Groups Affected

The bill affects multiple groups:

• Missing Persons' Families: The bill provides a clearer and more efficient process for families to obtain legal recognition of a missing person's death, which impacts inheritance, property ownership, and emotional closure.
• Legal Professionals: The bill will require lawyers to adapt their practices to use the new legal processes.
• Insurers: Insurers will need to manage claims and insurance policies in accordance with the bill's new provisions.
• Property Owners: The bill will clarify how property ownership is handled upon a declaration of presumed death.
• The Courts: The High Court will be responsible for managing the applications, which will necessitate additional workload.
• The Registrar General: The Registrar General is responsible for maintaining the new register of presumed deaths, adding to their administrative tasks.

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