Civil Law (Presumption of Death) Bill 2016

Public bill · Private Member · Introduced

The law would create a clear legal process for declaring a missing person presumed dead when the evidence shows death is highly likely or virtually certain. Family members, such as a spouse, civil partner, cohabitant or other relatives, could apply to court, and the order would generally have the same legal effect as a death registration, including ending a marriage or civil partnership. It would also let a missing person who later returns, or an applicant, ask the High Court to reverse or adjust the order, while protecting people who acted in good faith in the meantime. A new register of presumed deaths would be set up so these cases are formally recorded.

Formal long title

Bill entitled an Act to provide for the civil status of a missing person where the circumstances of his or her absence leads to a presumption of death; and to provide for related matters.

Last updated 19 July 2021