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

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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.

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