Author : Great Britain
Publisher : Unknown
Page : 14 pages
File Size : 43,5 Mb
Release : 2013-04-02
Category : Law
ISBN : 0105413135
Presumption of Death Act 2013 by Great Britain Pdf
Under the law of England and Wales the disappearance of a person does not affect the ownership or control of their property and affairs. In such circumstances it may be difficult or impossible for those left behind to obtain a death certificate if they believe the missing person must be dead. Without a death certificate, the missing person will for legal purposes generally be assumed to be alive. This Act will introduce into the law of England and Wales a new court based procedure enabling those left behind to obtain a declaration from the High Court that the missing person is to be deemed to have died. If the High Court has jurisdiction and the application is properly made by a person entitled to make it, the court will make the declaration if it is satisfied that the missing person has died or has not been known to be alive for a period of at least seven years. The court will send a copy of the declaration to the Registrar General for England and Wales when it can no longer be the subject of an appeal. The declaration will be conclusive as to the presumed death and effective for all purposes and against all persons. The missing person's property will pass to others in the same way as if the missing person had died and been certified dead in the normal way and his or her marriage or civil partnership will end as a marriage or civil partnership ends on death.