Missing, presumed dead: MPs demand change in law

Wednesday, 22 February 2012 12:01 AM

By Graham Fahy

New laws are needed to help the families of missing people settle their affairs, an influential committee of MPS found today.

A report by the justice select committee found current laws make resolving the affairs of people missing and presumed dead costly and emotionally scarring for their relatives.

"Families of missing people are currently confronted with a confusing, costly and emotionally exhausting legal process if they want to resolve the affairs of a loved one," Sir Alan Beith, chair of the committee said.

"In some cases missing people have been held to have died in order to dissolve a marriage, while remaining technically alive in the eyes of mortgage lenders and other agencies.

"The evidence we have heard from families faced with the problems of resolving these affairs is overwhelming. The law needs to be changed."

MPs want the Ministry of Justice to introduce legislation based on the Scottish Presumption of Death Act 1977. The new law would set out a single statutory process whereby a certificate of presumed death can be issued to resolve all the affairs of a missing person, in much the same way as a death certificate.

The committee said the law is currently a complex mix of statutory and common law provisions which few police officers or solicitors fully understand.

The complex legal landscape means that families often have to pay to pursue multiple proceedings before everything is resolved. Separate court orders stating the missing person is presumed to have died are required to resolve issues such as life insurance or to end a joint mortgage. These can prove costly for families and prolong a difficult emotional process.

The Scottish Presumption of Death Act simplified proceedings north of the border and the committee believes similar legislation is required for rest of the United Kingdom.

The government is understood to be open to the committee's findings, meaning the report could find its way into law before the next general election.

The report also recommends the introduction of provisions for ‘guardianship’ orders to protect the financial position of the missing person or his or her dependants.

While new laws would allow an application for 'presumption of death' after seven years, a guardianship provision would allow families to maintain the person’s estate by cancelling direct debits such as gym membership, pay off any debts, and provide maintenance for the missing person’s dependents, if necessary.
 

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