Wills & Trusts Law Reports | Autumn 2023 #192Caroline Fisher was an only child and her parents were deceased. In September 2020 she made a will appointing the claimant, her friend, as her executor. In January 2022, she drove into the sea and had not been seen since. The claimant issued a CPR Part 8 claim under the Presumption of Death Act 2013 for a declaration of presumption of death before the will had been proved. Section 1(5) of the 2013 Act provides that the court must refuse to hear the application if:
- (a) it is made by someone other than a missing person’s spouse, civil partne...
Laura Abbott provides a refresher on the procedure to follow in the case of a missing person, with reference to the most up-to-date case law While it will not be an ‘everyday’ case for practitioners, around 250,000 people go missing in England and Wales every year, so unless and until they are found families may …
Continue reading "Presumption of death: What to do when someone goes missing"
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Laura Abbott discusses legal developments that bring relief for families when someone has disappeared ‘The Guardianship (Missing Persons) Act, which received royal assent in April 2017, will provide the missing piece of the jigsaw once it comes into force.’ Probably the most famous case involving a missing person is that of Lord Lucan who, despite …
Continue reading "Administration Of Estates: Missing, presumed dead"
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