merrion street

Presumption of Death Orders will allow estate of a missing person to be administered and their marriage or civil partnership to be brought to an end
Minister thanks sponsoring Senators for their engagement on the Bill

The Minister for Justice and Equality, Charlie Flanagan TD, has welcomed today’s passing of the Civil Law (Presumption of Death) Bill by the Houses of the Oireachtas. It is hoped that the new law - which provides for the establishment of a register of presumed deaths - will help provide some closure for the families of missing persons.

Speaking after the Bill completed Report and Final Stages in the Seanad, Minister 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. Thanking the sponsoring Senators, the Minister 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.

Minister Flanagan will be working with the Minister for Employment Affairs and Social Protection to facilitate the establishment of the register of presumed deaths and the early commencement of the Bill.