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What to Know About Declarations of Presumed Death

February 16, 2020 By Richard Farrell

The probate system kicks in after a person dies. The trigger is a death certificate by a competent person. If there is a will then an executor implements it. If not, close relatives inherit. But what happens if there is no death certificate?

The person signing the death certificate must have positive proof the person died. If not, their estate could remain in limbo with an administrator managing it ad infinitum. If you believe you are entitled to inherit all or part of the estate of a missing person, then this article is for you.

How to Apply for Presumed Death in England and Wales

The law does automatically assume a missing person died. Someone has to ask a Court to exercise its mind during probate on Southampton, for example. You can apply for a declaration of presumed death by the High Court if one of these two conditions applies:

1… The person has been missing for seven years or more

2… You have valid reasons they vanished in a natural disaster

However, if neither of the above is true, then you still have the option of proving you are a relative with sufficient interest. You won’t have to necessarily be closely related. That said, you will need a birth certificate to prove ‘blood relationship’.

Necessary Conditions to Make a Valid Claim

You will have to meet one of several hurdles to make a valid application:

1…You are the spouse or partner and you live permanently in England or Wales

OR

2… If not, then you have lived in England or Wales for at least one year

AND / OR

3… Your relative regarded England or Wales as their permanent home the day they vanished

OR

4…The person lived in England or Wales for the whole year before they vanished

The fee for the application is currently £528. You may be able to apply for state assistance however this is unlikely to cover a solicitor’s fees.

How to Submit a Valid Claim to the High Court

Download and complete claim form N208 however there is more to it than that. After you submit the form, you have to send a copy to people with a vested interest within seven days. These may include;

1… The missing person’s spouse or civil partner, parents, children and siblings

2… If these are all deceased, then the missing person’s closest known relative

3… Any other known person / organisation with a vested in the estate

You must also advertise your application in the deceased’s local newspaper, remembering to mention the High Court reference number for your application.

What Happens at the High Court Hearing?

You must personally attend the hearing, which will probably be within two months of your application. Your job is to be there and answer any questions. If the High Court agrees with your request you should receive the declaration on the turn, or within a few days.

However, if somebody saw your advertisement or heard about your application and appealed, then that could be another matter …

What Happens if You Are Successful?

If the High Court does issue a declaration of presumed death, then you can ask the General Register Office for a certificate of presumed death after 21 days. It’s up to you to decide what to do after that, now you have a good-as-death-certificate in your hands.

More Reading

Probate Caveat – What It Is and What It Does

Valid and Invalid Wills – The Pitfalls to Avoid

Related

Filed Under: Probate Valuation Tagged With: application for probate, declaration of presumed death, how to get a probate valuation done, probate help, probate valuation, professional probate advice

Our House Clearance Services

We provide a full house clearance and property management solution:

  • We clear hoarded houses, regardless how big or how cluttered
  • We clear all types and sizes of property, irrespective of location, or access is restricted or where parking is difficult or not available.
  • We can help avoid water damage by draining the central heating system.
  • We can secure the property and change the locks.
  • We can reinstate the gardens and maintain them whilst the property is empty.
  • We can provide 24 hour security to eliminate the risk of squatting or unlawful occupation.

As well normal house clearances we specialise in clutter clearance and we can clear a hoarded house which may contain years of accumulated possessions, or which have abnormal amounts of general household items, sometimes as a result of compulsive hoarding syndrome.

Equally we can help to clear a property where the occupants were previously unwell and unable to care for themselves or their property which sometimes results in insanitary, dangerous or just plain unpleasant conditions.

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Client Reviews

Jenny Schon
Dec 3, 2021
 by Jenny Schon on Avery Associates
Well done

This truly is a 'one stop shop' for all things relating to Probate valuations and clearance. Jeffrey is a 'facilitator' and full marks to him for finding... Read More

Kevin Anderson
Oct 26, 2021
 by Kevin Anderson on Avery Associates
Fantastic and Reliable

Our aunt was a recluse and hoarder. She died leaving two properties in London that were dilapidated and completely hoarded. Unfortunately, because everything... Read More

It was a pleasure to assist Kevin

T. Hackett
Aug 26, 2021
 by T. Hackett on Avery Associates
1st Class Service

Avery Associates Appraisal I have just moved house after almost 30 years of occupation. My initial choice of movers, Pickfords, decided at the last... Read More

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Tel: 0800 567 7769 or 0208 640 0044

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