Change or cancel a presumption of death certificate

Printable version

1. Overview

You can make a claim to cancel (바카라 사이트榬evoke바카라 사이트�) or change (바카라 사이트榲ary바카라 사이트�) the details of a declaration of presumed death from the High Court if you can prove the missing person:

  • is still alive
  • died at a time earlier or later than the time of death in the original declaration

You can also make a claim if you can prove there are other circumstances that mean the declaration of presumed death should be cancelled or changed.

There바카라 사이트檚 a different way to or .

Fees

It costs 拢480 to change or cancel a declaration of presumed death. Find out how 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.

2. Make a claim

Download and fill in claim form N208.

You바카라 사이트檙e known as the 바카라 사이트榗laimant바카라 사이트� if you바카라 사이트檙e making the claim. Read the notes for the claimant before you fill in the form.

Include all the information asked for in in your application.

Send the claim to .

You should include:

  • N208 form - one copy for each person named in the form plus a copy for the court
  • the claim fee of 拢480 - make your cheque payable to 바카라 사이트楬M Courts and Tribunals Service바카라 사이트�

The court will stamp your form with an issue date and keep one copy of your N208 form. You바카라 사이트檒l get the other copies back, along with 바카라 사이트榓cknowledgement of service바카라 사이트� forms and a case number.

Send copies of your claim to other people

Send a copy of form N208 with an acknowledgment of service form within 7 days of the issue date the court has put on the form to:

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

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

3. Advertise your claim in a newspaper

You must advertise your claim in a newspaper local to the missing person바카라 사이트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. You바카라 사이트檒l need to delete some words and replace others in the square brackets with the right details.

Standard text

바카라 사이트淚n the High Court of Justice [Chancery] [Family] Division

Case number [insert case number]

In the matter of an application for a declaration of the presumed death of [insert the missing person바카라 사이트檚 name].

A claim has been issued in the High Court of Justice, for a variation of a declaration that [insert missing person바카라 사이트檚 name] whose last known address was [insert missing person바카라 사이트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 claimant바카라 사이트檚 legal representative]
[Address of the claimant바카라 사이트檚 legal representative]
(If the claimant is not legally represented)
[Claimant바카라 사이트檚 address for service]바카라 사이트�

You바카라 사이트檙e known as the 바카라 사이트榗laimant바카라 사이트� if you바카라 사이트檙e making the claim.

Send a copy to the court

Send the court a copy of the newspaper page showing the advertisement. It must arrive at least 5 days before your court hearing.

4. Attend a hearing

You바카라 사이트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 by someone who바카라 사이트檚 received a copy of the claim form or seen the advert.

At the hearing you might:

  • be asked for more information - the court will tell you how to get a court order if someone바카라 사이트檚 refusing to give you information you need
  • be told there has to be another hearing - there may be several hearings before a decision is made

If the court agrees with your application, you바카라 사이트檒l get the order changed or cancelled at the hearing or by letter later.

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 there바카라 사이트檚 an appeal or an application for permission to appeal the decision.

The certificate can be used like a normal death certificate. For example it can be used to deal with a missing person바카라 사이트檚 estate.

It costs 拢9.25.

The certificate will state when the missing person is presumed to have died.

Call the General Register Office to get a certificate.

General Register Office
Telephone: 0300 123 1837
Monday to Friday, 8am to 8pm
Saturday, 9am to 4pm
Find out about call charges

Appeal a decision

Call or write to the Civil Appeals Office to appeal against the High Court바카라 사이트檚 decision.

Civil Appeals Office
Telephone: 0207 947 7121
Monday to Friday, 9am to 5pm
Find out about call charges

Civil Appeals Office
Room E307
Royal Courts of Justice
The Strand
London
WC2A 2LL

Make a complaint

Use the complaints guidance if you바카라 사이트檙e not happy with the way you바카라 사이트檝e been treated.

You cannot complain about the decision.