ADMINISTRATION OF ESTATES OF MISSING PEOPLE
The Presumption of Death Bill is due to receive its second reading in the House of Commons on 2 November 2012. As the law stands at the moment there are great difficulties in registering the death of a missing person. Without a death certificate probate cannot be obtained nor the deceased’s estate administered. Other issues are also made problematic such as selling property held in the missing person’, dissolving a marriage, claiming life insurance and pensions. In common law there is a presumption that if a person has been missing for seven years they are presumed dead. However there is no statutory provision relating to the presumption of death. If the Bill is passed and placed on the statute books it will introduce new laws to help relatives arrange the financial affairs of missing people and with much greater ease than relying on the common law presumption of death.
If you require any advice regarding probate or the administration of estates or matters relating to wills please do not hesitate to contact Andrew Tel: 020 7935 1095 E-mail: av@guyclapham.com
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