Malton - 01653 692247
York - 01904 716000
Wetherby - 01937 583210
Malton 01653 692247
Presumption of Death

Presumption of Death Act 2013

When a person dies the next of kin can obtain probate (if there is a Will) or letters of administration (if not) on production of the death certificate.  A death certificate can only be provided if two doctors are satisfied if the deceased person died from an identified cause.  However if a person goes missing, even if the disappearance strongly suggests they have died the fact that a death certificate cannot be issued leaves the missing person’s affairs unresolved.

On 1 October 2014, the first important piece of legislation for families of missing people created a procedure to obtain a declaration from the court that for legal purposes a person is considered to be dead.  Such declaration enables relatives or persons with sufficient interest to deal with property and end a marriage or civil partnership. Our Specialist Missing Person’s Team are available to advise and assist our clients through the process of applying to the High Court for a Presumption of Death certificate and administration of the estate thereafter.

Click the image below to download our Missing People: Presumption of Death information sheet

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Contact our Specialist Missing Person Team Yorkshire

Our specialist Missing Persons Team, Emma Elwess and Laura Carter are on hand to guide you through the details of each application and help you decide. Call us today on 01653 692247 (Malton),  01904 716000 (York) or 01937 583210 (Wetherby) or complete our online enquiry form.


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Emma Elwess Bio
Emma Elwess Director of Private Client
Malton Office

Contact Emma

Laura Carter
Laura Carter Solicitor – Wills & Probate
Malton Office

Contact Laura