Published on 

Minister Flanagan signs Commencement Order for the Civil Law (Presumption of Death) Act 2019

  • Act will enter into operation on 1st November, 2019
  • Minister pays tribute to Senators for their work on the Act 

This afternoon, Minister for Justice & Equality, Charlie Flanagan TD, signed the Commencement Order to bring the Civil Law (presumption of Death) Act 2019 into operation from Friday, 1st November, 2019.

Under this new legislation, 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.

Speaking today, the Minister 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 Minister continued,

 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.

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.