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Presumed death

12 July 2012
Issue: 7522 / Categories: Legal News
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MoJ to introduce a certificate of presumed death

A certificate of presumed death is to be introduced, helping to resolve years of legal uncertainty faced by families of missing persons.

Ministry of Justice (MoJ) minister Jonathan Djanogly says the certificate would be equivalent to a death certificate in terms of legal powers, and would help families deal with matters such as cancelling direct debits and accessing bank accounts. The MoJ is also in discussion with the Law Commission about a possible project looking at whether a power of legal guardian for missing people could be introduced.

Currently, families are left in legal limbo, unable to arrange their family member’s legal and financial affairs.

Djanogly says legislation to amend the law will be introduced, and that the MoJ is also working on preparing guidance for families on how to deal with the affairs of a missing person.

Martin Houghton-Brown, chief executive of charity Missing People, says: “We are delighted.

“This announcement shows a significant intention to work towards a better future for families of missing people, representing a huge step towards easing their heartache with clear legislative guidance.”

Issue: 7522 / Categories: Legal News
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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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