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Presumed death

12 July 2012
Issue: 7522 / Categories: Legal News
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MoJ to introduce a certificate of presumed death

A certificate of presumed death is to be introduced, helping to resolve years of legal uncertainty faced by families of missing persons.

Ministry of Justice (MoJ) minister Jonathan Djanogly says the certificate would be equivalent to a death certificate in terms of legal powers, and would help families deal with matters such as cancelling direct debits and accessing bank accounts. The MoJ is also in discussion with the Law Commission about a possible project looking at whether a power of legal guardian for missing people could be introduced.

Currently, families are left in legal limbo, unable to arrange their family member’s legal and financial affairs.

Djanogly says legislation to amend the law will be introduced, and that the MoJ is also working on preparing guidance for families on how to deal with the affairs of a missing person.

Martin Houghton-Brown, chief executive of charity Missing People, says: “We are delighted.

“This announcement shows a significant intention to work towards a better future for families of missing people, representing a huge step towards easing their heartache with clear legislative guidance.”

Issue: 7522 / Categories: Legal News
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