Families of missing loved ones said new powers to manage financial affairs of missing loved ones are urgently needed.
The number of missing people declared dead since a law change in 2014 has been lower than expected. About 80 people have been presumed dead under the legislation, the government had expected 40 per year. The charity Missing People said families of the long-term missing often end up facing financial ruin.
The Presumption of Death Act lets families take over financial affairs of the missing person and came into force in October 2014. A new law to allow families to take over the financial affairs without having to testify they believe the person is dead is still waiting for approval.
Charity, Missing People, said families of those who have disappeared often ended up in a legal battle to alter mortgages or cancel direct debits unless the person is presumed dead and they have the certificate. The Act means that it allows families to resolve the financial and practical affairs of a missing person who is not expected to return. The number of presumed dead has been varied between 16 in 2015 and 21 in 2017. In 2018 there was 18 presumption of death registrations made in the first 11 months.
In 26 of the cases since 2014 the place of death has not been named. 22 people have believed to have died in the UK, Spain, three at sea and two in the Maldives.
The most high-profile case in which a presumption of death certificate has been issued is Lord Lucan whose death certificate was issued under the new legislation 42 years after he had vanished in 1974 when is children’s nanny was murdered.
Susannah Drury, policy director at the charity Missing People UK, said: “Lots of people do seek presumption of death through the courts when they believe the loved one is dead or there is very clear evidence that they have died,”
The new legislation called the Guardianship (Missing Persons) Act will let families take control over a missing person’s affairs without having to testify they believe the person is dead, it has not come into force yet despite getting royal assent in April 2017. It is awaiting ministerial sign-off.
