Overview

This bill establishes a new legal framework for declaring a missing person presumed dead and for managing their affairs while they are missing. It simplifies the process of declaring someone dead after a prolonged absence, introduces Administrative Guardianship Orders for managing the estates of missing persons, and repeals outdated legislation.

Description

The bill is divided into three parts. Part 1 deals with declarations of presumed death. It allows applications to the High Court for a declaration of presumed death if a person has been missing for at least 7 years or is believed to be dead. The court can determine property rights and domicile. Declarations can be varied or revoked through a variation order, with provisions for insurance against potential claims. The Attorney General and others with a sufficient interest can intervene in the proceedings. The Chief Coroner may be involved if a death investigation is warranted. This part also repeals previous legislation relating to presumption of death.

Part 2 introduces Administrative Guardianship Orders. These orders allow the Court of Protection to appoint an Administrative Guardian to manage the estate of a missing person if their absence necessitates decisions regarding their financial affairs or property. The bill specifies who is eligible to be an Administrative Guardian, their powers and duties, and provisions for their remuneration, costs, and removal. It includes provisions for temporary guardianship orders and procedures for accounting and reporting.

Part 3 contains supplementary provisions, including regulations for making orders, interpretation of terms, transitional provisions, and amendments to existing legislation.

Government Spending

The bill doesn't directly specify the impact on government spending. However, administrative costs associated with the new processes in the High Court and Court of Protection are likely to be incurred. The exact figures are not provided in the bill text.

Groups Affected

Groups potentially affected include:

• Missing persons' families: The bill provides a clearer legal pathway for dealing with the estate and legal affairs of a missing person, potentially offering relief and enabling the resolution of legal uncertainties.
• Executors and trustees: The bill clarifies responsibilities and provides guidance for managing the estates of missing individuals.
• Creditors: The bill outlines processes for creditors to address their claims against the estate of a missing person.
• Insurers: The bill includes provisions to protect insurers involved in paying death benefits in cases where the presumption of death is later overturned.
• High Court and Court of Protection: These courts will have an increased workload managing the new applications and proceedings outlined in the bill.
• The Attorney General: The Attorney General has a role in intervening in the proceedings.

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