Missing Persons

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Where a client has a close family member who is missing, there are a number of issues that you should be aware of. If a person has been missing for 7 years or more, family members can apply to the courts for a declaration to state that a person is presumed dead. Family may have already completed this, in such case your client will likely not wish to include the missing person (any gift to them in the Will would in fact fail, as they are presumed dead). If no declaration has been made and the client may wish to exclude the missing person completely from the Will. If he was to reappear, the client should be advised of the possibility of a 1975 Act claim. A claim under the act does need to be made within 6 months of a grant of probate or letters of administration and will…

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