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

Courts and Procedure

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

By Nicola Phillipson
Law Brief Publishing March 2025

Specifications

ISBN-13
9781916698673
Publisher
Law Brief Publishing
Publication
March 2025
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

Table of 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
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