Get a declaration of presumed death
Overview
You can make a claim for a ‘declaration of presumed death’ 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’ve 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’re the missing person’s:
- spouse or civil partner
- parent
- child
- sibling
If none of these apply, you’ll need to prove to the court that you have enough of a connection to the missing person (‘sufficient interest’), for example you’re 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’re the missing person’s spouse or civil partner and you treat England or Wales as your permanent home (‘domicile’) on the date you make the claim
- you’re the missing person’s spouse or civil partner and you’ve 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 (‘domicile’) 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 £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.