The death of a loved can be an incredibly distressing time. What happens if, however, a loved one goes missing? Without certainty or a death certificate, you may be left in a legal and emotional limbo, wondering what to do and unable to formally deal with matters, especially if they’ve been missing a long time.
Head of Civil & Commercial Litigation, Andrew Leakey, at Jackson Lees, explains how the law has evolved to overcome some of the uncertainty experienced when a loved one has gone missing.
In addition to the emotional turmoil people go through in this difficult circumstance, there can be considerable legal hurdles, too. To address these difficulties, legislation was introduced in 2013. This legislation allows people to apply to the high court for a so-called order of presumed death. The result of this order is that the court can issue a presumed death certificate.
How does this legislation work?
The legislation means that you can deal with the missing person’s estate, especially if your loved one has been missing for a specific length of time, namely at least seven years. Without a death certificate, you can feel left adrift, unable to take any of the legal steps you need to take.
Naturally, there are guidelines around this process. If a person has been missing for seven years, and you have taken steps to locate them, then the court can issue a presumed death certificate. Every application of this sensitive nature is considered with great care. For example, there are some instances in which the court can reduce the time from seven years, particularly in cases where there is evidence to support presumed death, such as a suicide note.
Legislation like this is vital in giving people certainty and allowing them to move forward with some of the legal processes that they’ve not been able to before this point.
How a specialist Solicitor can help
In situations like these, the family often don’t know where to turn or what to do, so it’s really important that specialist solicitors are available to support and assist. Let the experts take care of the complicated legal process, so that you can focus on the things that matter, like healing and looking forward.
Give us a call today on 0151 282 1700, request a callback at a time that is convenient for you, or make an enquiry.