伊人直播

You can make a claim for a 鈥榙eclaration of presumed death鈥� from the High Court if someone you know in England and Wales has been missing for:

• 7 years or more
• less than 7 years and you think they鈥檝e died, for example they went missing during a natural disaster

A missing person is not automatically presumed dead.

You must make a claim for a declaration of presumed death if you want to do certain things, for example deal with their estate.

Who can make a claim

You can make a claim if you鈥檙e the missing person鈥檚:

• spouse or civil partner
• parent
• child
• sibling

If none of these apply, you鈥檒l need to prove to the court that you have enough of a connection to the missing person (鈥榮ufficient interest鈥�), for example you鈥檙e a distant relative and you have a birth certificate to prove it.

What else must be true to make a claim

To make a claim one or more of the following must also apply:

• you鈥檙e the missing person鈥檚 spouse or civil partner and you treat England or Wales as your permanent home (鈥榙omicile鈥�) on the date you make the claim
• you鈥檙e the missing person鈥檚 spouse or civil partner and you鈥檝e been living in England or Wales for the whole year before the date you make the claim
• the missing person treated England or Wales as their permanent home (鈥榙omicile鈥�) on the date they were last known to be alive
• the missing person was living in England or Wales for the whole year before the date they were last known to be alive

There are and .

Fees

It costs 拢528 to get a declaration of presumed death. You may be able to get help paying court fees.

Make a claim for a declaration of presumed death

You can make a claim yourself or use a legal representative.

1. Make your claim.

2. Advertise your claim in a newspaper.

3. Attend a hearing.

Download and fill in a claim form (N208) with details about:

• yourself - known as the 鈥榗laimant鈥�
• the missing person - known as the 鈥榙efendant鈥�
• your claim

Include in the section 鈥榙etails of your claim鈥�.

Send the following to .

• form N208 - 1 copy for each person named in the form plus a copy for the court
• any supporting evidence, for example statements from witnesses, police reports
• the claim fee of 拢528 - make your cheque payable to 鈥楬M Courts and Tribunals Service鈥�

The court will stamp your form with an issue date and keep one copy. You鈥檒l get the other copies back, along with 鈥榓cknowledgement of service鈥� forms and a case number.

Send copies of your claim to other people

Send a copy of form N208 and an acknowledgement of service form within 7 days of the issue date on the form to:

• the missing person鈥檚 spouse or civil partner, parents, children and siblings - if none of these are alive send it to the missing person鈥檚 nearest relative
• any other person or organisation who might have an interest, for example an insurance company

You must advertise your application in a newspaper within 7 days.

You must advertise your application in a newspaper local to the missing person鈥檚 last known address.

Place the advert within 7 days of the issue date stamped on the claim form.

Use standard text for the advert

Use the following text and make sure you:

• put your case number after the words case number
• replace or delete as appropriate the words in square brackets with the relevant details

Standard text

鈥淚n the High Court of Justice [Chancery] [Family] Division

Case number.

In the matter of an application for a declaration of the presumed death of [insert the missing person鈥檚 name].

A claim has been issued in the High Court of Justice, for a declaration that [insert missing person鈥檚 name] whose last known address was [insert missing person鈥檚 address] is presumed to be dead. Any person having an interest may apply to the court to intervene in the matter.

If you wish to apply to the court, you should do so at [court address] as soon as possible, and if possible within 21 days of the date of this notice. Delay may harm your prospects of being able to intervene.

(If the claimant is legally represented)
[Name of the claimant鈥檚 legal representative]
[Address of the claimant鈥檚 legal representative]
(If the claimant is not legally represented)
[Claimant鈥檚 address for service]鈥�

Send a copy to the court

Send the court a copy of the newspaper page showing the advertisement so it arrives at least 5 days before your court hearing.

You鈥檒l have to attend a hearing about your claim with a High Court judge - this should be within 2 months of making your claim.

Bring any relevant documents.

Your claim may be challenged at the hearing if someone gets a copy of the claim form or sees the advert.

At the hearing you might be:

• asked for more information - the court will tell you how to get a court order if someone鈥檚 refusing to give you information you need

• told there has to be another hearing - there may be several hearings before a decision is made

If the court agrees with your application, you鈥檒l get a declaration of presumed death at the hearing or later by letter.

Get a certificate of presumed death

Apply to the General Register Office for a certificate of presumed death.

You can only do this after you have a declaration of presumed death that is not appealed and the time for appealing against the decision has passed.

You can usually apply for the certificate 21 days after you get the declaration, unless there鈥檚 an appeal or an application for permission to appeal the decision.

The certificate can be used like a normal death certificate, for example to deal with a missing person鈥檚 estate.

It costs 拢11.

Appeal a decision

Contact the Civil Appeals Office to appeal against the High Court鈥檚 decision.

Make a complaint

Use the complaints guidance if you鈥檙e not happy with the way you鈥檝e been treated.