Get a declaration of presumed death

Printable version

1. Overview

You can make a claim for a 바카라 사이트榙eclaration of presumed death바카라 사이트� 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 they바카라 사이트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 you바카라 사이트檙e the missing person바카라 사이트檚:

  • spouse or civil partner
  • parent
  • child
  • sibling

If none of these apply, you바카라 사이트檒l need to prove to the court that you have enough of a connection to the missing person (바카라 사이트榮ufficient interest바카라 사이트�), for example you바카라 사이트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:

  • you바카라 사이트檙e the missing person바카라 사이트檚 spouse or civil partner and you treat England or Wales as your permanent home (바카라 사이트榙omicile바카라 사이트�) on the date you make the claim
  • you바카라 사이트檙e the missing person바카라 사이트檚 spouse or civil partner and you바카라 사이트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 (바카라 사이트榙omicile바카라 사이트�) 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.

2. Make your claim

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

  • yourself - known as the 바카라 사이트榗laimant바카라 사이트�
  • the missing person - known as the 바카라 사이트榙efendant바카라 사이트�
  • your claim

Include in the section 바카라 사이트榙etails of your claim바카라 사이트�.

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 바카라 사이트楬M Courts and Tribunals Service바카라 사이트�

The court will stamp your form with an issue date and keep one copy. 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 and an acknowledgement of service form within 7 days of the issue date on the form to:

  • 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 application in a newspaper within 7 days.

3. Advertise your claim in a newspaper

You must advertise your application 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 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

바카라 사이트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 person바카라 사이트檚 name].

A claim has been issued in the High Court of Justice, for 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�

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.

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 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 someone바카라 사이트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, you바카라 사이트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 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 to deal with a missing person바카라 사이트檚 estate.

It costs 拢11.

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

Contact the Civil Appeals Office to appeal against the High Court바카라 사이트檚 decision.

Civil Appeals Office
Telephone: 020 7947 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.