Get a declaration of presumed death
Printable version
1. Overview
You can make a claim for a ‘declaration of presumed death’ from the High Court if someone you know in England and Wales has been missing for:
- 7 years or more
- less than 7 years and you think they’ve died, for example they went missing during a natural disaster
A missing person is not automatically presumed dead.
You must make a claim for a declaration of presumed death if you want to do certain things, for example deal with their estate.
Who can make a claim
You can make a claim if you’re the missing person’s:
- spouse or civil partner
- parent
- child
- sibling
If none of these apply, you’ll need to prove to the court that you have enough of a connection to the missing person (‘sufficient interest’), for example you’re a distant relative and you have a birth certificate to prove it.
What else must be true to make a claim
To make a claim one or more of the following must also apply:
- you’re the missing person’s spouse or civil partner and you treat England or Wales as your permanent home (‘domicile’) on the date you make the claim
- you’re the missing person’s spouse or civil partner and you’ve been living in England or Wales for the whole year before the date you make the claim
- the missing person treated England or Wales as their permanent home (‘domicile’) on the date they were last known to be alive
- the missing person was living in England or Wales for the whole year before the date they were last known to be alive
There are different rules in Scotland and rules in Northern Ireland.
Fees
It costs £528 to get a declaration of presumed death. You may be able 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.
2. Make your claim
Download and fill in a claim form (N208) with details about:
- yourself - known as the ‘claimant’
- the missing person - known as the ‘defendant’
- your claim
Include relevant information about your claim in the section ‘details of your claim’.
Send the following to a court that can hear High Court cases.
- form N208 - 1 copy for each person named in the form plus a copy for the court
- any supporting evidence, for example statements from witnesses, police reports
- the claim fee of £528 - make your cheque payable to ‘HM Courts and Tribunals Service’
The court will stamp your form with an issue date and keep one copy. 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 and an acknowledgement of service form within 7 days of the issue date on the form to:
- 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, for example an insurance company
You must advertise your application in a newspaper within 7 days.
3. Advertise your claim in a newspaper
You must advertise your application 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 and make sure you:
- put your case number after the words case number
- replace or delete as appropriate the words in square brackets with the relevant details
Standard text
“In the High Court of Justice [Chancery] [Family] Division
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 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]”
Send a copy to the court
Send the court a copy of the newspaper page showing the advertisement so it arrives at least 5 days before your court hearing.
4. Attend a 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 at the hearing if someone gets a copy of the claim form or sees 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
-
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 a declaration of presumed death at the hearing or later by letter.
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, for example to deal with a missing person’s estate.
It costs £11.
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
Contact the Civil Appeals Office to appeal against the High Court’s decision.
Civil Appeals Office
Telephone: 020 7947 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.