Welcome for new law to help families of missing relatives

The Presumption of Death Bill, which has received Royal Assent, will make life easier for anyone dealing with a missing person’s affairs, according to Sarah Young, a partner at Huddersfield-based Ridley and Hall solicitors.

The Act establishes a presumption of death law, similar to that which exists in Northern Ireland and Scotland.

The aim of the legislation is to simplify the “crazy paving” of provisions that governs the processes families have to negotiate to obtain an order that a missing person is presumed dead.

Once that order is obtained, a grant of probate can be applied for, and the missing person’s estate is dealt with on the basis that they are presumed dead.

The new Act will provide for a Certificate of Presumed Death and should make it much easier for a family member to seek a declaration from the High Court that a missing person is dead.

According to Ms Young, it is estimated that there will be 30 to 40 of these declarations sought in England and Wales every year.

The court will have wide powers to deal with the complicated issues that arise when somebody goes missing. The Act, however, does not enable families to manage and maintain a missing person’s affairs on the basis that they might return.

Ms Young, who specialises in dealing with the affairs of missing people, said : “I am currently acting for four families who are seeking a leave to swear death order.

“It has been a deeply traumatic and stressful experience for them all and I hope that, in the future, the process will be made much easier and cheaper. The emotional stress of coping with the disappearance of a loved one is enormous and families need all the help they can get.”

Ann Coffey, the chairman of the All Party Parliamentary Group for Runaway and Missing Children and Adults, said she was aware of the gap in the law.

She added: “We will now continue to campaign for a legal guardianship, which would help relatives to cope with the complicated financial and practical affairs of a relative who has been missing for a short period of time.

“The daily frustration of trying to deal with things like mortgage and insurance payments and bank accounts all adds to the stress and heartache of the families left behind.”

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

Ms Young estimates that, if guardianship legislation were to be enacted, there would be about 2,000 applications per year.

The campaigning group Missing People, which supports families of those who have gone missing, has also welcomed the Presumption of Death Bill.

Jo Youle, the chief executive of Missing People, said: “This is a momentous day for everyone who has campaigned for, and supported, the reform of presumption of death law.

“We are delighted that families facing the unimaginable pain of having a missing loved one will now have access to a fair and effective system.”