Presumption of death law to be brought into force this week

Charlie Flanagan

Justice Minister Charlie Flanagan yesterday signed the commencement order to bring the Civil Law (Presumption of Death) Act 2019 into operation from Friday 1 November 2019.

Under the law, a presumption of death order may be made by a court where the court is satisfied that the circumstances of the person having gone missing indicate that his or her death is either virtually certain, or highly probable.

In broad terms, a presumption of death order has the same effect in law as arises from the registration of a death.

In determining whether a presumption of death order is to be made, the court shall take into account all the circumstances surrounding the disappearance and absence of the missing person which include the time, location, and circumstances of the disappearance and the presence, or absence, of a motive for the missing person to remain alive, but to disappear.

Mr Flanagan said: “This legislation will, I hope, offer some relief and certainty to many families in circumstances where, up to this point, no presumption of death could be made legally.”

The law was introduced as a private member’s bill which enjoyed all-party support and was facilitated in Government time.

Mr Flanagan said: “Great credit is due to Senators Colm Burke, Marie Louise O’Donnell and Lynne Ruane for bringing forward this important new law and I sincerely thank them for their outstanding work.”