It is important to say, that the decision can only be made by the UK High Court, when the court are satisfied that the missing person has been
a permanent resident in England and Wales for at least one year on the date of missing, which is explained under 1(3) . Lavinia was a resident of York in England, so the requirement of the Act is fulfilled. However, there should be more information provided about the domicile of Lavinia, since the court can determine the domicile of Lavinia at the time of her presumed death, as it will be provided in later paragraphs.
Furthermore, 1(4) states that the application should be made by the spouse or civil partner of the missing person, however the UK High Court additionally permits other close relatives which are specified under 1(5) to make
the declaration. The court must refuse to hear an application if the applicant is not a close relative such as the missing person’s spouse, civil partner, parent, child or sibling, which is expressed under the Act. In this particular case the applicants are Lavinia’s parents, so there is a possibility of applying for the death certificate.
When all the requirements are met, the High Court starts processing the application for the presumed death certificate, which includes the missing person’s presumed death and the date and time of the death, which is specified under 2(2) and 3(1). When the declaration is accepted and the presumed death certificate is obtained, Lavinia’s parents are eligible to sell Lavinia’s house and car, cancel her bank account and resolve any other issues. They do not have this permission unless they obtain the certificate of the presumed death as it is stated under 3(2). A declaration of the presumed death has got the same effect as normal death certificate, which enables her parents to sell Lavinia’s property. The Act enables them to do it because...