Missing Person Probate UK: Presumed Death & Guardianship

Overview

When a person goes missing in England or Wales, their legal personality does not vanish with them. Bank accounts stay in their name, direct debits keep running, and any property they own remains theirs on the title register. Family members have no automatic authority to step in, even a spouse or parent, because the missing person has neither died nor given anyone a power of attorney.

Two statutes now address this gap. The Presumption of Death Act 2013 allows the High Court to make a formal declaration that a missing person is deemed to have died, which then opens the door to a standard grant of probate or letters of administration.

The Guardianship (Missing Persons) Act 2017 takes a different approach: rather than treating the person as dead, it allows a court-appointed guardian to manage their finances and property while they remain missing. Together these two routes cover both short-term management and eventual estate administration, though each has its own strict conditions and evidence requirements.

Key steps

1. Report the disappearance and gather evidence. Start by reporting the person missing to the police and keeping a record of the case reference. Collect dated evidence of the disappearance, last known contact, financial activity, and any search efforts. This paperwork becomes the foundation of any later court application, so build the file early even if you hope the person will return.
2. Secure immediate essentials where possible. Some institutions will work with families on a discretionary basis in the short term, for example freezing a credit card or pausing a non-essential subscription. Banks will not release funds without legal authority, but it is worth writing to each organisation, explaining the situation in writing, and keeping copies of every response you receive.
3. Consider a guardianship order for ongoing affairs. Once a person has been missing for at least 90 days, a relative or someone with a sufficient interest may apply to the High Court for a guardianship order under the 2017 Act. If granted, this lets a named guardian manage specified property and financial affairs for up to four years, with renewal possible, avoiding the need to declare the person dead.
4. Apply for a declaration of presumed death. After seven years of absence, or sooner where there is strong evidence the person has died, a close relative may apply to the High Court for a declaration under the 2013 Act. The court examines the circumstances, hears evidence, and if satisfied issues a declaration that has the same effect as a death certificate for probate purposes.
5. Administer the estate through probate. Once a declaration is in place, the executor named in any Will, or an administrator if there is no Will, can apply for a grant in the usual way through HM Courts and Tribunals Service. From that point the estate is handled like any other, with assets collected in, debts paid, and the balance distributed to beneficiaries under the Will or intestacy rules.

Common questions