When someone goes missing, families are often left in legal limbo. Practical matters such as dealing with finances, property, pensions, or even ending a marriage cannot be resolved unless the law recognises that the missing person is presumed to have died.

In England and Wales, this is dealt with under the Presumption of Death Act 2013. The Act allows the court to formally declare that a missing person is presumed dead, even if their body has never been found.

This blog explains when a presumption of death can be made, who can apply, and what the declaration means in practice.

When can someone be presumed dead?

The court can make a declaration of presumed death in only two situations:

1. Where the court is satisfied the person has died, even if the exact circumstances are unclear; or
2. Where the person has not been known to be alive for at least seven years.

The seven‑year rule is strict. If there has been no reliable evidence that the person is alive during that time, the court must treat this requirement as met.

The court cannot make a declaration simply because it feels likely the person has died. One of these two legal tests must be satisfied.

Does the court decide a date of death?

Yes. If a declaration is made, the court must fix an official date and time of death.

• If the evidence points to a specific date (for example, a disappearance during a known incident), the court will use that date.
• If the person has simply been missing for seven years, the date of death is usually set as the end of the seven‑year period, starting from the day after they were last known to be alive.

This date is important because it affects inheritance, insurance, pensions, and other legal rights.

Who can apply for a declaration?

Certain close family members can apply automatically, including:

• A spouse or civil partner
• A parent
• A child
• A sibling

Other people may apply if they can show they have a sufficient interest. This can include executors of a will or others who are legally affected by the person’s disappearance.

Applications are made to the High Court.

What does a declaration of presumed death do?

A declaration of presumed death has the same legal effect as a death certificate.

Once the declaration is final:

• The missing person is treated as legally deceased
• Their marriage or civil partnership comes to an end
• Their estate can be administered
• Probate can be applied for
• Property and finances can be dealt with

The declaration is recorded on the Register of Presumed Deaths, and a certified copy of that entry is used in the same way as a death certificate.

What if the missing person reappears?

Although rare, the law does allow for the possibility that a missing person may later be found alive.

If this happens, the court can:

• Change (vary) the declaration, for example by altering the date of death; or
• Cancel (revoke) it entirely.

Importantly, the law protects people who acted in good faith. For example:

• A marriage that ended following the declaration is not automatically revived
• Property or money already dealt with will not always have to be returned

The court has wide powers to reach a fair outcome in these situations.

Why legal advice is important

Applying for a presumption of death is legally complex and emotionally difficult. There are strict rules about evidence, notification of family members, and public notice of the application.

A solicitor can help by:

• Advising whether an application is likely to succeed
• Preparing and managing the court application
• Guiding personal representatives through probate
• Advising families on their rights and responsibilities

How we can help

If someone close to you has gone missing and you are unsure how to move forward legally, we can provide clear, compassionate advice and guide you through every step of the process.

Please contact our Contentious Probate & Trust team to discuss your situation in confidence.