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. Make your claim . Advertise your claim in a newspaper . Attend a hearing .

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.

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 .

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.

Get a declaration of presumed death

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.

View a printable version of the whole guide

Step 1 Register the death
1. Register the death
Check what to do if:
Step 2 Tell government about the death
The Tell Us Once service allows you to inform all the relevant government departments when someone dies.
1. Use the Tell Us Once service to tell government
2. If you cannot use Tell Us Once, tell government yourself
You'll also need to tell banks, utility companies, and landlords or housing associations yourself.
Step 3 Arrange the funeral
Step 4 Check if you can get bereavement benefits
You might be eligible for financial help.

Check if you can get:
and Deal with your own benefits, pension and taxes
Your tax, benefit claims and pension might change depending on your relationship with the person who died.
1. Manage your tax, pensions and benefits if your partner has died
2. Check how benefits are affected if a child dies
and Find bereavement support and services
Get help with managing grief and the things you need to do when someone dies.
1. Find bereavement help and support
2. Find bereavement services from your local council
and Check if you need to apply to stay in the UK
If your right to live in the UK depends on your relationship with someone who died you might need to apply for a new visa.

Check the rules if:
- you're in the UK as the partner of a British Citizen or someone with indefinite leave to remain
- your partner who died served as a member of HM Forces
1. Contact UKVI to check the rules for other visas
Step 5 Value the estate and check if you need to pay Inheritance Tax
To find out if there’s Inheritance Tax to pay, you need to estimate the value of the property, money and possessions (the ‘estate’) of the person who died.
1. Estimate the value of the estate to find out if you need to pay Inheritance Tax
1. Find out how to report the value of the estate
1. Pay Inheritance Tax if it’s due
Step 6 Apply for probate
You might need to apply for probate before you can deal with the property, money and possessions (the ‘estate’) of the person who died.
1. Check if you need to apply for probate
1. Apply for probate
Step 7 Deal with the estate
Pay any debts or taxes owed by the person who's died. You can then distribute the estate as set out in the will or the law.
1. Deal with the estate
1. Update property records

Get a declaration of presumed death

Overview

Who can make a claim

What else must be true to make a claim

Fees

Make a claim for a declaration of presumed death

Step 1 Register the death

Step 2 Tell government about the death

Step 3 Arrange the funeral

Step 4 Check if you can get bereavement benefits

and Deal with your own benefits, pension and taxes

and Find bereavement support and services

and Check if you need to apply to stay in the UK

Step 5 Value the estate and check if you need to pay Inheritance Tax

Step 6 Apply for probate

Step 7 Deal with the estate

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Get a declaration of presumed death

Overview

Who can make a claim

What else must be true to make a claim

Fees

Make a claim for a declaration of presumed death

Part of What to do when someone dies: step by step

Step 1: Register the death

Step 2: Tell government about the death

Step 3: Arrange the funeral

Step 4: Check if you can get bereavement benefits

and Deal with your own benefits, pension and taxes

and Find bereavement support and services

and Check if you need to apply to stay in the UK

Step 5: Value the estate and check if you need to pay Inheritance Tax

Step 6: Apply for probate

Step 7: Deal with the estate

Is this page useful?

Help us improve GOV.UK

Help us improve GOV.UK

Step 1 Register the death

Step 2 Tell government about the death

Step 3 Arrange the funeral

Step 4 Check if you can get bereavement benefits

Step 5 Value the estate and check if you need to pay Inheritance Tax

Step 6 Apply for probate

Step 7 Deal with the estate