Declarations of Presumed Death: Two Client Examples
Reasons to choose Wilson Browne
Real Life Examples
You may be thinking, “My dad has been missing for some time now, what should I do?” or “How can I deal with my son’s bank account if he is still missing?” Here is a real-life example of how our team at Wilson Browne Solicitors can assist:
Mr G came to Wilson Browne after having previously filed his own Guardianship (Missing Persons) Act 2017 application after his son had been missing for a period of 8 months.
We assisted Mr G in his application to the Court to apply for a presumption of the death of his son, ensuring we were compassionate and understanding of such a difficult period of time for Mr C. This included liaising with the Police to obtain a statement surrounding the missing person’s circumstances and completing enquiries.
We obtained a Court Order for Mr G, which allowed a certificate of presumed death to be issued. This could then be used in the same way as a death certificate in order to deal with his son’s estate.
The case of Mr K and the need for a declaration of presumed death
The Situation
Mrs K came to our firm because his son had gone missing and there was evidence he had taken his own life. Mrs W had previously obtained a Guardianship Order which allowed her to step into her son’s shoes as regards his affairs but this only lasted for 4 years and limited some of the actions she could take.
The Problem
Without a death certificate Mrs W was unable to deal with the sale of her son’s house and finalise all financial matters related to his Estate.
The Outcome
We made an application for Mrs K to the Court for a Declaration of Presumption of Death ensuring we were compassionate and understanding of such a difficult period of time for Mrs K and her family. This included liaising with the Police to obtain all records and sufficient evidence to reassure the Judge that he could make the Order that her son was presumed to be dead.
The Court granted the Order and Mrs K could then use the certificate which the Court order the Probate Court to make in very much the same way as a death certificate in order to deal the administration of the Estate.