‘A ‘crazy paving’ of statutory and common law
provisions’[1] is how the current law
relating to resolving the affairs of missing people has been described. MP’s are
calling for the Ministry of Justice to introduce new legislation which will
make it easier for families to resolve the affairs of missing people. The
proposed legislation is based on the Scottish
Presumption of Death Act 1977 under which an average of four orders are made
each year.
If successful, a presumption of death order would be
obtainable after seven years of a person’s disappearance; this would put an end
to all legal issues surrounding the person, much as a death certificate would. However,
it has also been suggested that extra provisions are brought in to deal with
the missing person’s financial affairs up to four years before the presumption
of death order can be awarded. These will be known as ‘guardianship’ orders and
would allow families to deal with the person’s property, including the paying
off of mortgages, dealing with direct debits, cancelling credit cards or even
providing maintenance for any dependants of the missing person.
People such as Rachel Elias and Peter Lawrence, both, who have
suffered the tragedy of a disappearing family member, support the proposals.
Peter Lawrence has described the difficulties that he faced following the disappearance
of his daughter. He says that it was impossible to cancel her direct debits, or
switch money between bank accounts due to the lack of suitable legislation. If the proposals are to come into force, then
families of those that a presumed to be dead will have a greater peace of mind
when it comes to dealing with their affairs.
Critics of the proposed legislation claim that it is dangerous to
presume a death has occurred with no evidence and therefore, their affairs
should not be meddled with. However in the 34 years since Scotland introduced
its Presumption of Death Act only one person has ever reappeared.
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