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Missing Persons Law to Come Into Force in England and Wales

From 1 October 2014, presumption of death certificates will be issued to help families cope with the complex legal and financial issues they face.

Presumption of death certificates will be equivalent to death certificates and can be applied for by relatives of people who have gone missing and are presumed dead. This will allow the legal and financial affairs of the missing person to be taken care of in their absence. Lord Faulks QC, Justice Minister said:

“No one can prepare for the heartache and confusion arising from the disappearance of a loved one, gone with no trace.I am delighted that from October, the certificate of presumed death will see a significant step forward for those families facing the terrible situation of losing a loved one. It creates a simpler legal framework to ensure bereaved people can better deal with the property and affairs of a loved one who has gone missing and is presumed dead.”

Part of the implementation of the Presumption of Death Act 2013, from 1 October 2014 will be a legal framework for the creation of a presumption of death certificate scheme in England and Wales. This will bring the law and legal process for presumption of death in line with Scotland and Northern Ireland.

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