A Practical Guide to the Law in Relation to Presumption of Death and Guardianship Orders

This practical guide covers applications under the Presumption of Death Act 2013 and the Guardianship (Missing Persons) Act 2017. It aims to provide the busy practitioner with advice on which Act to use and when, and the information needed and the steps to be taken to issue an application and obtain an order. ABOUT THE AUTHOR Nicola Phillipson TEP is a private client barrister at Parklane Plowden Chambers in Leeds whose practice encompasses probate and inheritance disputes, trusts, and property and financial matters in the Court of Protection. Nicola is recognised as a Band 1 ranked barrister in Chambers and Partners and a Tier 1 Leading Junior in the Legal 500. Nicola is also the author of ‘A Practical Guide to the Law in Relation to Control of the Body After Death’, published by Law Brief Publishing, considering the law relating to disputes over the body, funerals, graves, and ashes. CONTENTS PART ONE – APPLICATIONS UNDER THE PRESUMPTION OF DEATH ACT 2013 Chapter One – Threshold for Making an Application Chapter Two – When Can an Application Be Made Under the Act? Chapter Three – Date and Time of Death Chapter Four – Effect of the Declaration and Ancillary Orders Chapter Five – How to Make the Application Chapter Six – Intervening in an Application Chapter Seven – First Hearing Chapter Eight – Information From Third Parties Chapter Nine – Final Hearing Chapter Ten – Revocation or Variation of a Declaration PART TWO – GUARDIANSHIP ORDERS Chapter Eleven – Threshold for Making an Application Chapter Twelve – Criteria to Be Satisfied to Make an Order Chapter Thirteen – Terms of the Order Chapter Fourteen – Acting as a Guardian Chapter Fifteen – Variation and Revocation of an Order Chapter Sixteen – Applying for a Guardianship Order Chapter Seventeen – Intervenors Chapter Eighteen – Hearings and Order Chapter Nineteen – Applying for a Revocation or Variation Order Chapter Twenty – DWP Orders