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You can make a claim to cancel (鈥榬evoke鈥�) or change (鈥榲ary鈥�) the details of a declaration of presumed death from the High Court if you can prove the missing person:

• is still alive
• died at a time earlier or later than the time of death in the original declaration

You can also make a claim if you can prove there are other circumstances that mean the declaration of presumed death should be cancelled or changed.

There鈥檚 a different way to or .

Fees

It costs 拢480 to change or cancel a declaration of presumed death. Find out how 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.

Download and fill in claim form N208.

You鈥檙e known as the 鈥榗laimant鈥� if you鈥檙e making the claim. Read the notes for the claimant before you fill in the form.

Include all the information asked for in in your application.

Send the claim to .

You should include:

• N208 form - one copy for each person named in the form plus a copy for the court
• the claim fee of 拢480 - make your cheque payable to 鈥楬M Courts and Tribunals Service鈥�

The court will stamp your form with an issue date and keep one copy of your N208 form. You鈥檒l get the other copies back, along with 鈥榓cknowledgement of service鈥� forms and a case number.

Send copies of your claim to other people

Send a copy of form N208 with an acknowledgment of service form within 7 days of the issue date the court has put on the form to:

• the person who made the original claim
• the missing person鈥檚 spouse or civil partner, parents, children and siblings - if none of these are alive, send it to the missing person鈥檚 nearest relative
• any other person or organisation who might have an interest, for example an insurance company

You must advertise your claim in a newspaper within 7 days.

You must advertise your claim in a newspaper local to the missing person鈥檚 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. You鈥檒l need to delete some words and replace others in the square brackets with the right details.

Standard text

鈥淚n the High Court of Justice [Chancery] [Family] Division

Case number [insert case number]

In the matter of an application for a declaration of the presumed death of [insert the missing person鈥檚 name].

A claim has been issued in the High Court of Justice, for a variation of a declaration that [insert missing person鈥檚 name] whose last known address was [insert missing person鈥檚 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 claimant鈥檚 legal representative]
[Address of the claimant鈥檚 legal representative]
(If the claimant is not legally represented)
[Claimant鈥檚 address for service]鈥�

Send a copy to the court

Send the court a copy of the newspaper page showing the advertisement. It must arrive at least 5 days before your court hearing.

You鈥檒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 by someone who鈥檚 received a copy of the claim form or seen the advert.

At the hearing you might:

• be asked for more information - the court will tell you how to get a court order if someone鈥檚 refusing to give you information you need
• be told there has to be another hearing - there may be several hearings before a decision is made

If the court agrees with your application, you鈥檒l get the order changed or cancelled at the hearing or by letter later.

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 there鈥檚 an appeal or an application for permission to appeal the decision.

The certificate can be used like a normal death certificate. For example it can be used to deal with a missing person鈥檚 estate.

It costs 拢9.25.

The certificate will state when the missing person is presumed to have died.

Call the General Register Office to get a certificate.

Appeal a decision

Call or write to the Civil Appeals Office to appeal against the High Court鈥檚 decision.

Make a complaint

Use the complaints guidance if you鈥檙e not happy with the way you鈥檝e been treated.

You cannot complain about the decision.