Declaration of presumed death
1Applying for declaration
1
This section applies where a person who is missing—
a
is thought to have died, or
b
has not been known to be alive for a period of at least 7 years.
2
Any person may apply to the High Court for a declaration that the missing person is presumed to be dead.
3
The court has jurisdiction to hear and determine an application under this section only if—
a
the missing person was domiciled in England and Wales on the day on which he or she was last known to be alive,
b
the missing person had been habitually resident in England and Wales throughout the period of 1 year ending with that day, or
c
subsection (4) is satisfied.
4
This subsection is satisfied if the application is made by the spouse or civil partner of the missing person and—
a
the applicant is domiciled in England and Wales on the day on which the application is made, or
b
the applicant has been habitually resident in England and Wales throughout the period of 1 year ending with that day.
5
The court must refuse to hear an application under this section if—
a
the application is made by someone other than the missing person’s spouse, civil partner, parent, child or sibling, and
b
the court considers that the applicant does not have a sufficient interest in the determination of the application.
6
This section has effect subject to section 21(2).