Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Latest articles
JM v RM [2021] EWHC 315 (Fam)
(Family Division, Mostyn J, 22 February 2021)Abduction – Wrongful retention – Hague Convention application – Mother decided not to return to Australia with children – COVID 19...
Re A (A Child) (Hague Convention 1980: Set Aside) [2021] EWCA Civ 194
(Court of Appeal (Civil Division), Moylan, Asplin LJJ, Hayden J, 23 February 2021)Abduction – Hague Convention 1980 – Return order made – Mother successfully applied to set aside due...
Disabled women more than twice as likely to experience domestic abuse
The latest data from the Office of National Statistics shows that, in the year ending March 2020, around 1 in 7 (14.3%) disabled people aged 16 to 59 years experienced any form of domestic abuse in...
The President of the Family Division endorses Public Law Working Group report
The Courts and Tribunals Judiciary has published a message from the President of the Family Division, Sir Andrew McFarlane, in which the President endorses the publication of the President’s...
HMCTS updates online divorce services guidance
HM Courts and Tribunals Service have recently updated the online divorce services guidance with the addition of guides for deemed and dispensed service applications, alternative service...
View all articles

Missing people and their property: the case for interim administration

Sep 29, 2018, 18:21 PM
Slug : Brown-AugFLJ2012
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Aug 7, 2012, 05:31 AM
Article ID : 99695

James Brown
Barrister, Senior Lecturer in Law, Aston University

Mark Pawlowski
Barrister, Professor of Property Law, School of Law, University of Greenwich

Although English law currently provides for a common law presumption of death where a person has been missing for a continuous period of 7 years, there is no provision which allows the family of a missing person, during the interim period, to apply to court for interim management of the missing person's property and assets in his absence. A Presumption of Death Bill was tabled in 2008, modelled on the equivalent legislation which already exists in Scotland and Northern Ireland, providing for a new statutory procedure for application by an interested party to the High Court for a declaration of presumed death. The Bill, however, did not include any provision for interim administration. Most recently, in February 2012, the House of Commons Justice Committee published a report, Presumption of Death (HC 1663), recommending, inter alia, a statutory presumption of death and the introduction of guardianship orders to enable the financial management of missing persons' affairs prior to a court declaration of presumption of death. The authors argue that an interim administration scheme (along the lines already recommended by the Irish Law Commission in December 2011) could be implemented with relative speed and independently of any new statute dealing with presumption of death by adding specific provisions for the administration of property of a missing person (by simple amendment) into our existing legislation contained in ss 16-20 of the Mental Capacity Act 2005.

To log on to Family Law Online or to request a free trial click here

Categories :
  • Articles
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from