Welcome for Bill to ease pain of families of missing relatives

Although Sarah Young believes that the Presumption of Death Bill is a “huge step forward” for relatives of people who go missing, she thinks it is also a missed opportunity. Ms Young, a contentious probate specialist who has acted on behalf of relatives of people who have gone missing, recently attended a round table discussion at the House of Commons on behalf of the charity Missing People.

Along with Peter Lawrence, the father of missing York chef Claudia Lawrence, Ms Young supports the case for new ‘guardianship’ legislation.

Ms Young. of Huddersfield-based Ridley and Hall, said: “An astounding 250,000 people go missing every year in the UK. Thankfully, most disappearances are resolved relatively quickly, but more than 2,000 people remain unaccounted for, for longer than 12 months. The Missing Persons Bureau database contains details of some 6,000 missing persons who have not been seen for more than a year.”

The Presumption of Death private member’s bill, brought by John Glen MP, had its first reading in the House of Commons on November 2. Ms Young added: “The bill proposes a presumption of death law similar to the law that exists in Northern Ireland and Scotland. The aim of the legislation is to simplify and to bring into one place a ‘crazy paving’ of statutory provision that currently governs the legal process that families have to negotiate in order to obtain an order that a missing person is presumed dead.

“Generally, when a person dies their death certificate can be used to obtain a grant of probate or a grant of letters of administration. These grants enable the executors or administrators to deal with the deceased’s estate. The Presumption of Death Bill will, if it becomes law, make it much easier and more straightforward for a family member to seek a declaration from the High Court that a missing person is deemed to have died.

“It would establish a new register of presumed death which would be maintained by the Registrar General and the court would have wide powers to deal with complicated issues that arise in relation to a missing person’s financial affairs.”

Ms Young said that a new guardianship law was also needed, because it would enable families to manage and maintain a missing loved one’s practical affairs in case they ever returned.

She added: “If guardianship legislation were to be enacted it is anticipated that there would be about 2,000 applications per year. There is no equivalent legislation elsewhere that can be replicated, and, because a greater number of applications would be likely to be made than under a presumption of death law, it is important that consultation takes place.

“The Law Commission would be the obvious forum to consider the proposals, but the Government has not made a formal referral.”

If the Presumption of Death Bill becomes law, it will be a “significant achievement”, Ms Young said.

“But there is still a lot more work to be done,” she added.