Overview

This bill streamlines the process for declaring a missing person legally dead, updating existing laws and providing a clearer legal framework for dealing with the property and affairs of those presumed dead. It establishes a formal register of presumed deaths and clarifies the rights of those affected.

Description

Declarations of Presumed Death

The bill allows anyone to apply to the High Court for a declaration that a missing person is presumed dead if they are believed to have died or haven't been seen alive for at least 7 years. The court must make the declaration if satisfied. The declaration includes a finding as to the date of death; if unsure, it's set as the end of the relevant 7-year period (or the date of believed death). Only spouses, civil partners, or close relatives (parents, children, siblings) can make an application unless the court is satisfied they have a sufficient interest.

Effects of the Declaration

The declaration is legally binding and has wide-ranging consequences, including ending marriages or civil partnerships and transferring property rights. However, the High Court can vary or revoke a declaration at any time upon application. This process addresses property rights arising from the declaration and can include orders for insurance repayments if justified.

Register of Presumed Deaths

The bill mandates the creation of a Register of Presumed Deaths. A certified copy from this register will serve as sufficient proof of death.

Other Provisions

The bill includes provisions for the Attorney General to intervene, clarifies cost allocation, allows for amendments of time periods by the Secretary of State, repeals outdated statutory provisions on presumption of death in existing Acts, and provides for transitional and supplementary provisions.

Government Spending

The bill doesn't directly specify government spending figures. Costs will arise from establishing and maintaining the Register of Presumed Deaths, and from administrative processes associated with the court hearings. The precise financial implications will depend on the number of applications.

Groups Affected

• Missing persons' families: The bill provides a clearer legal process for resolving issues related to inheritance, property ownership, and other legal matters.
• Spouses and civil partners: The bill clarifies their rights and responsibilities regarding property and the dissolution of their relationship.
• Heirs and beneficiaries: Their rights to inherit from the presumed deceased will be affected by the process laid out in this bill.
• Insurers: The bill outlines their involvement in claims related to death benefits following a declaration of presumed death.
• Trustees: The bill requires trustees to act according to specific guidelines, including taking out insurance.
• The High Court and legal professionals: The bill significantly increases their workload and responsibilities.
• The Registrar General: Takes on responsibility for maintaining the register.

Powered by nyModel