Get a declaration of presumed death

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Overview

You can make a claim for a 바카라 사이트declaration 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 사이트ve 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 사이트re the missing person바카라 사이트s:

  • spouse or civil partner
  • parent
  • child
  • sibling

If none of these apply, you바카라 사이트ll need to prove to the court that you have enough of a connection to the missing person (바카라 사이트sufficient interest바카라 사이트), for example you바카라 사이트re 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 사이트re the missing person바카라 사이트s spouse or civil partner and you treat England or Wales as your permanent home (바카라 사이트domicile바카라 사이트) on the date you make the claim
  • you바카라 사이트re the missing person바카라 사이트s spouse or civil partner and you바카라 사이트ve 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 사이트domicile바카라 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 £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.

  1. Step 1 Register the death

  2. Step 2 Tell government about the death

    The Tell Us Once service allows you to inform all the relevant government departments when someone dies.

    1. Use the Tell Us Once service to tell government
    2. If you cannot use Tell Us Once, tell government yourself

    You'll also need to tell organisations outside government, like employers and private pension providers, banks, and utility companies.

  3. Step 3 Arrange the funeral

  4. Step 4 Check if you can get bereavement benefits

  5. and Deal with your own benefits, pension and taxes

    Your tax, benefit claims and pension might change depending on your relationship with the person who died.

    1. Manage your tax, pensions and benefits if your partner has died
    2. Check how benefits are affected if a child dies
  6. and Find bereavement support and services

    Get help with managing grief and the things you need to do when someone dies.

    1. Find bereavement help and support
    2. Find bereavement services from your local council
  7. and Check if you need to apply to stay in the UK

    If your right to live in the UK depends on your relationship with someone who died you might need to apply for a new visa.

    Check the rules if:

    1. Contact UKVI to check the rules for other visas
  8. Step 5 Value the estate and check if you need to pay Inheritance Tax

    To find out if there바카라 사이트s Inheritance Tax to pay, you need to estimate the value of the property, money and possessions (the 바카라 사이트estate바카라 사이트) of the person who died.

    1. Estimate the value of the estate to find out if you need to pay Inheritance Tax
    1. Find out how to report the value of the estate
    1. Pay Inheritance Tax if it바카라 사이트s due
  9. Step 6 Apply for probate

    You might need to apply for probate before you can deal with the property, money and possessions (the 바카라 사이트estate바카라 사이트) of the person who died.

    1. Check if you need to apply for probate
    1. Apply for probate
  10. Step 7 Deal with the estate

    Pay any debts or taxes owed by the person who's died. You can then distribute the estate as set out in the will or the law.

    1. Deal with the estate
    1. Update property records