Download and fill in claim form N208 . You’re known as the ‘claimant’ if you’re making the claim. Read the notes for the claimant before you fill in the form. Include all the information asked for in ‘claim for variation order’ in your application. Send the claim to a court that can hear High Court cases . You should include: N208 form - one copy for each person named in the form plus a copy for the court the claim fee of £480 - make your cheque payable to ‘HM Courts and Tribunals Service’ The court will stamp your form with an issue date and keep one copy of your N208 form. You’ll get the other copies back, along with ‘acknowledgement of service’ 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’s spouse or civil partner, parents, children and siblings - if none of these are alive, send it to the missing person’s nearest relative any other person or organisation who might have an interest, eg an insurance company You must advertise your claim in a newspaper within 7 days.

Advertise your claim in a newspaper

You must advertise your claim in a newspaper local to the missing person’s 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’ll need to delete some words and replace others in the square brackets with the right details. Standard text “In 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’s name]. A claim has been issued in the High Court of Justice, for a variation of a declaration that [insert missing person’s name] whose last known address was [insert missing person’s 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’s legal representative] [Address of the claimant’s legal representative] (If the claimant is not legally represented) [Claimant’s address for service]” You’re known as the ‘claimant’ if you’re making the claim. 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’ll 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’s 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’s 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’ll 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’s an appeal or an application for permission to appeal the decision. The certificate can be used like a normal death certificate, eg to deal with a missing person’s estate. It costs £9.25. The certificate will state when the missing person is presumed to have died. Call the General Register Office to get a certificate. 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 Call or write to the Civil Appeals Office to appeal against the High Court’s decision. Civil Appeals Office Telephone: 0207 947 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’re not happy with the way you’ve been treated. You cannot complain about the decision.

Change or cancel a presumption of death certificate

Overview

You can make a claim to cancel (‘revoke’) or change (‘vary’) 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’s a different way to make a claim in Scotland or make a claim in Northern Ireland.

Fees

It costs £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.

Make your claim.
Advertise your claim in a newspaper.
Attend a hearing.

View a printable version of the whole guide

Change or cancel a presumption of death certificate

Overview

Fees

Make a claim for a declaration of presumed death

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Change or cancel a presumption of death certificate

Overview

Fees

Make a claim for a declaration of presumed death

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