Missing persons and presumption of death

According to the charity Missing People, around 170,000 people are reported missing in the UK each year. A person who disappears is presumed to be alive until the contrary is declared. While the majority of those reported missing are located within days, approximately 3% of missing adults remain missing after a week.

Since October 2014, it has been possible to obtain a declaration of presumed death under the Presumption of Death Act 2013 (PDA 2013) once a person has not been known to be alive for a period of at least seven years. However, in the intervening period, in circumstances where the person is still believed to be alive or before they can be presumed to have died, there may be nobody with authority to deal with their property and financial affairs, which can have serious implications for the missing person and their dependents.

To resolve this problem, the Guardianship (Missing Persons) Act 2017 (G(MP)A 2017) provides a statutory framework within England and Wales for a guardian to be appointed to deal with the missing person’s property and financial affairs.

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