How long missing to be declared dead

As a rule, the judge allows 1 month for this. If there is still no sign that the missing person is alive after 1 month, the judge will issue a doodverklaring declaration of [presumed] death. The judge may also decide to summon the missing person a second time. It is therefore impossible to give a comprehensive list of evidence required. Where a Declaration of Presumed Death is being sought because someone has simply been missing for a very long time 7 years or more , then the best, and most common evidence, will be Witness Statements from people close to the missing person, setting out when they were last known to be alive, where this was, and the circumstances around their disappearance.

Where the person has not yet been missing for 7 years, but there is clear evidence that they are likely to have died, then other evidence may be appropriate.

Evidence from independent sources — such as tracing agencies, the police, the Salvation Army Family Tracing Service etc — will also be useful in proving to the court that all reasonable steps have been taken to try to find the person during the time they have been missing. Applications are made to the High Court, and if the court is satisfied the missing person has either died or has not been known to be alive for a period of at least 7 years, then they will make a Declaration of Presumed Death.

A successful application will result in the court granting a Declaration and notifying the Registrar General. Once the application is made, there is a day period in which the decision can be appealed.

This begins from the date of the Declaration. An Order to revoke a Presumption of Death can also be made by the court if the missing person is found, or if new evidence comes to light which suggests the missing person is still alive.

There are legal fees payable to your solicitor as well as a fee payable the Court to lodge the application. When making an application, all fees will be payable by you in the first instance, as the applicant. A possible alternative to a Presumption of Death application, is an application to the court for leave to swear to death.

This latter application can be made when you believe your loved one has died and you are looking to deal with their estate, either according to their Will if they made one and you are named as their Executor or according to the Intestacy Rules. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.

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