Law passed to establish register of presumed deaths

Law passed to establish register of presumed deaths

Charlie Flanagan

Justice Minister Charlie Flanagan has welcomed the passing of the Civil Law (Presumption of Death) Bill.

The new law - which provides for the establishment of a register of presumed deaths - aims to help provide some closure for the families of missing persons.

Speaking after the Bill completed report and final stages in the Seanad, Mr Flanagan said: “The families of missing persons often feel like they are living in limbo. I hope that the Bill we have passed today will give them some measure of much needed closure by enabling them to put the affairs of their missing loved ones in order”.

The Bill has an important practical impact for the families of missing persons by allowing them to apply for a Presumption of Death Order.

This order has the same effect in law as the registration of a death under the Civil Registration Act 2004. In practical terms, this means that the estate of the missing person can be administered and the missing person’s financial and property affairs can be managed and put in order.

The Bill also provides that a presumption of death order has the effect of bringing a marriage or civil partnership with the missing person to an end.

The law is a Private Members Bill which enjoyed all-party support and was facilitated in Government time.

Mr Flanagan added: “I want to acknowledge the positive and collaborative approach to this Bill taken by Government and the Bill’s sponsors, Senators Marie-Louise O’Donnell, Lynn Ruane and Colm Burke”.

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