For many, changes to the missing persons’ law are long overdue. The new law, which came into effect on October 1, allows families to apply for a Certificate of Presumed Death in cases where a relative has been missing for a long time.
Part of the group campaigning for the law was father of Claudia Lawrence who disappeared in 2009. Overall, around 250,000 people are reported missing every year in the UK. For those that don’t reappear, the families were previously left with severe legal and financial ramifications.
The revision follows high profile cases similar to Claudia’s, where a missing people’s family has been unable to deal with their relative’s estate due to not being able to provide a body, even when the relative is likely assumed dead. This meant that such things as pensions, mortgages and bank accounts could not be dealt with under the usual proceedings that follow a death. Similarly, the new laws will also mean that marriage or civil partnerships will come to an end once the certificate has been issued.
Speaking about the new laws, Justice Minister Lord Faulks QC said:
“Today marks a crucial step forward to families facing up to the terrible situation of losing something without a trace. We have made sure that while they are dealing with the heartache of a loving one going missing, they no longer have to face such a daunting task to deal with the practical issues that are also created.”
The changes became law under the Presumption of Death Act 2013. Similar legislation already exists in Scotland and Northern Ireland. In addition, the Ministry of Justice is currently consulting on whether to create a system whereby a person can be appointed to deal with the property and affairs of a missing person who is not presumed dead.