Overview

This bill establishes a new legal process for declaring a missing person presumed dead and for managing their affairs while they are missing. It streamlines the process, clarifies existing laws, and introduces administrative guardianship orders for managing the estates of missing persons.

Description

Declarations of Presumed Death: The bill allows applications to the High Court for a declaration that a missing person is presumed dead. This requires either a belief that the person died or proof that they haven't been known to be alive for at least 7 years (this period is adjustable by the Secretary of State). The court can determine property rights and domicile. Declarations can be varied or revoked by the court.

Administrative Guardianship Orders: The bill introduces the ability to apply to the Court of Protection for an order appointing an Administrative Guardian to manage the estate of a missing person. This is possible if the person is missing, usually resides in England and Wales, and managing their financial affairs is necessary. The guardian has specific powers and duties, including managing assets, paying debts, and seeking court advice. These orders can last up to two years, renewable once.

Register of Presumed Deaths: A new register will be maintained by the Registrar General, recording declarations of presumed death. This register will be accessible and provide formal proof of death.

Repeals: Existing legislation regarding the presumption of death in marriage and civil partnership cases will be repealed and replaced by this new framework.

Government Spending

The bill does not specify direct government spending figures. Costs associated with maintaining the new register and potential court proceedings will likely be incurred, but the exact figures are not provided in the bill text.

Groups Affected

• Families of missing persons: The bill provides a clearer legal framework to deal with the practical and legal consequences of a missing family member, including access to their assets and the ability to formally declare them deceased.
• Missing persons: The bill impacts their property rights and their ability to access their estate, particularly while missing.
• Creditors of missing persons: The bill clarifies the legal processes they can undertake to recover debts owed to them.
• Insurers: The bill outlines the responsibilities and processes for insurers in relation to death claims and potential subsequent variation orders.
• High Court and Court of Protection: These courts will bear the increased workload related to the applications and processes outlined in the bill.
• Trustees and other legal professionals: They will have to adjust to the new processes and procedures defined in the legislation.

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