Missing Presumed Dead - What can the family do?

Missing Presumed Dead - What can the family do?

Missing Presumed Dead – What can the family do?

by | Inheritance

The recent tragedy of Argentinian striker Emiliano Sala’s plane crashing piloted by David Ibbotson and the loss of 2 lives highlights an unusual circumstance for families.  What happens when a loved one is lost, but not officially deceased?

For some, the process of grieving cannot begin.  The not knowing and the uncertainty can create conflicting emotions and exacerbate the pain and sadness.

If the loved one has written a will, they must be officially dead for it to become valid.  But with no proof, how can executors begin to wind up the estate and deliver the deceased’s legacy?

In the UK the Presumption of Death Act came into force in 2014.  It allows a family or personal representative to gain control of the missing person’s financial affairs.  But to do so, the family must declare their loved one deceased.  And if there is an element of hope, this may be impossible to do…..  If the missing loved one is declared dead, a foreign death certificate can take 7 years.  A complex and painful procedure, which can take years to finalise, an alternative legal bill may be able to assist.

Awaiting approval, The Guardianship (Missing Persons) Act would present families of missing people with access to the finances and affairs of missing relatives without being forced into testifying into the presumed death of their loved one.  Royal assent was granted in 2017 but the bill is yet to be read in Parliament.  Hopefully, the assumed death of the missing pilot David Ibbotson will generate sufficient publicity to help push this bill through.

If you are waiting for news of a missing loved one, please professional support and legal assistance.

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"Cindy made the process of making a Will painless and efficient which we really appreciated. She was sensitive to avoid...

Moray Iles, Vietnam

2018-06-05T08:42:23+00:00

Moray Iles, Vietnam

"Cindy made the process of making a Will painless and efficient which we really appreciated. She was sensitive to avoid putting pressure or hassle to complete the Will quickly which allowed us to consider everything in our own time. Best of all, Cindy's professional support and thorough and clear explanation of the laws pertaining to our situation were very helpful. We would look forward to working with Cindy again on documents personal to our family."
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Jenny Pearson, Consultant, Cambodia

2018-06-05T07:59:04+00:00

Jenny Pearson, Consultant, Cambodia

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Jayne Hilton, Engineer, UK

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"It was a pleasure to work with Cindy and her team! Even though planning for one’s own death is a...

Jim Swander, CEO, Cambodia

2018-06-05T08:37:50+00:00

Jim Swander, CEO, Cambodia

"It was a pleasure to work with Cindy and her team! Even though planning for one’s own death is a project we all can easily put off, it removed an area of stress in my life. I no longer had to wonder if certain people would be taken care of, or where my money would go. Cindy and I worked through the process and she asked a lot of thought provoking questions. The first draft helped me think a second layer down, and made the will more complete. We finalised with her lawyer, signed, witnessed and put away in a safe place, letting my executor know exactly where to find it. I do not hesitate to recommend Cindy’s services."
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