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Presumption of Death


Only a small fraction of people who go missing remain so for many years. Yet those who are not found often leave behind family members that may eventually need, or want, to resolve their affairs, such as finances or property. 


Until recently, the process of gaining a death certificate for a missing person was a complex, daunting affair - with few succeeding.


A new law was passed to simplify the process.


It is still a very thorough process though.


In England and Wales, you can apply to the court for a missing person to be declared presumed dead. This declaration will enable any property, money and other possessions of the missing person to be administered and will dissolve the missing person's marriage or civil partnership. 


The court process stems from the Presumption of Death Act 2013, which came into force on 1 October 2014. 


The process can be more complicated when somebody is missing abroad but we have experience of this. If this is something you think you would like to explore please get in touch and we will help you through the process.

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