You can make a claim for a 鈥榙eclaration of presumed death鈥� 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 they鈥檝e 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 you鈥檙e the missing person鈥檚: spouse or civil partner parent child sibling If none of these apply, you鈥檒l need to prove to the court that you have enough of a connection to the missing person (鈥榮ufficient interest鈥�), for example you鈥檙e 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: you鈥檙e the missing person鈥檚 spouse or civil partner and you treat England or Wales as your permanent home (鈥榙omicile鈥�) on the date you make the claim you鈥檙e the missing person鈥檚 spouse or civil partner and you鈥檝e 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 (鈥榙omicile鈥�) 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 different rules in Scotland and rules in Northern Ireland . Fees It costs 拢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. Make your claim . Advertise your claim in a newspaper . Attend a hearing .

Download and fill in a claim form (N208) with details about: yourself - known as the 鈥榗laimant鈥� the missing person - known as the 鈥榙efendant鈥� your claim Include relevant information about your claim in the section 鈥榙etails of your claim鈥�. Send the following to a court that can hear High Court cases . form N208 - 1 copy for each person named in the form plus a copy for the court any supporting evidence, for example statements from witnesses, police reports the claim fee of 拢528 - 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. 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 and an acknowledgement of service form within 7 days of the issue date on the form to: 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 application in a newspaper within 7 days.

Advertise your claim in a newspaper

You must advertise your application 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 and make sure you: put your case number after the words case number replace or delete as appropriate the words in square brackets with the relevant details Standard text 鈥淚n the High Court of Justice [Chancery] [Family] Division 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 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 so it arrives 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 at the hearing if someone gets a copy of the claim form or sees 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 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 a declaration of presumed death at the hearing or later by letter. 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 to deal with a missing person鈥檚 estate. It costs 拢11. General Register Office Telephone: 0300 123 1837 Monday to Friday, 8am to 8pm Saturday, 9am to 4pm Find out about call charges Appeal a decision Contact the Civil Appeals Office to appeal against the High Court鈥檚 decision. Civil Appeals Office Telephone: 020 7947 7121 Monday to Friday, 9am to 5pm Find out about call charges Civil Appeals Office Room E307 Royal Courts of Justice The Strand London WC2A 2LL Make a complaint Use the complaints guidance if you鈥檙e not happy with the way you鈥檝e been treated.

Get a declaration of presumed death: Overview

Get a declaration of presumed death

Overview

You can make a claim for a 鈥榙eclaration of presumed death鈥� 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 they鈥檝e 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 you鈥檙e the missing person鈥檚:

spouse or civil partner
parent
child
sibling

If none of these apply, you鈥檒l need to prove to the court that you have enough of a connection to the missing person (鈥榮ufficient interest鈥�), for example you鈥檙e 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:

you鈥檙e the missing person鈥檚 spouse or civil partner and you treat England or Wales as your permanent home (鈥榙omicile鈥�) on the date you make the claim
you鈥檙e the missing person鈥檚 spouse or civil partner and you鈥檝e 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 (鈥榙omicile鈥�) 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 拢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.

View a printable version of the whole guide

Step 1 Register the death
1. Register the death
Check what to do if:
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.
Step 3 Arrange the funeral
Step 4 Check if you can get bereavement benefits
You might be eligible for financial help.

Check if you can get:
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
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
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:
- you're in the UK as the partner of a British Citizen or someone with indefinite leave to remain
- your partner who died served as a member of HM Forces
1. Contact UKVI to check the rules for other visas
Step 5 Value the estate and check if you need to pay Inheritance Tax
To find out if there鈥檚 Inheritance Tax to pay, you need to estimate the value of the property, money and possessions (the 鈥榚state鈥�) 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 it鈥檚 due
Step 6 Apply for probate
You might need to apply for probate before you can deal with the property, money and possessions (the 鈥榚state鈥�) of the person who died.
1. Check if you need to apply for probate
1. Apply for probate
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

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Get a declaration of presumed death

Overview

Who can make a claim

What else must be true to make a claim

Fees

Make a claim for a declaration of presumed death

Step 1 Register the death

Step 2 Tell government about the death

Step 3 Arrange the funeral

Step 4 Check if you can get bereavement benefits

and Deal with your own benefits, pension and taxes

and Find bereavement support and services

and Check if you need to apply to stay in the UK

Step 5 Value the estate and check if you need to pay Inheritance Tax

Step 6 Apply for probate

Step 7 Deal with the estate

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Get a declaration of presumed death

Overview

Who can make a claim

What else must be true to make a claim

Fees

Make a claim for a declaration of presumed death

Part of What to do when someone dies: step by step

Step 1: Register the death

Step 2: Tell government about the death

Step 3: Arrange the funeral

Step 4: Check if you can get bereavement benefits

and Deal with your own benefits, pension and taxes

and Find bereavement support and services

and Check if you need to apply to stay in the UK

Step 5: Value the estate and check if you need to pay Inheritance Tax

Step 6: Apply for probate

Step 7: Deal with the estate

Is this page useful?

Help us improve 188体育

Help us improve 188体育

Step 1 Register the death

Step 2 Tell government about the death

Step 3 Arrange the funeral

Step 4 Check if you can get bereavement benefits

Step 5 Value the estate and check if you need to pay Inheritance Tax

Step 6 Apply for probate

Step 7 Deal with the estate