A Practical Guide to Missing Persons and the Administration of Estates

The law and procedure relating to the estate and affairs of a missing person is complex, and the subject matter is tragic. Missing people leave behind both their own estates and estates in which they have an interest. A Practical Guide to Missing Persons and the Administration of Estates is the first comprehensive guide to a subject which is only briefly touched upon by other texts, despite specific legal and procedural complexities.

This book takes the reader through the relevant legal principles using clear and simple language, including all the latest developments and case law. It provides a step-by-step guide through the applications required, as well as the practical steps to take before and after making an application. It is essential reading for anyone – lawyer or layperson – who finds themselves dealing with the estate of a missing person or involving a missing person.

A Practical Guide to Missing Persons and the Administration of Estates features a foreword from His Honour Judge Paul Matthews.

ABOUT THE AUTHORS

James Fuller and Ollie Murrell are chancery barristers practising from Guildhall Chambers.

James regularly appears in the High Court, County Court, Upper Tribunal (Lands Chamber), and First-tier Tribunal (Property Chamber). James is ranked in the Legal 500 as Tier 1 in Agriculture and Tier 2 in Property and Construction, and in Chambers & Partners as Band 2 in Agriculture & Rural Affairs and Up and Coming in Chancery.

Ollie’s practice spans chancery and real estate matters, with a particular focus on contentious trusts and estates matters. Ollie predominantly appears in the Chancery and Family Divisions of the High Court. Ollie recently acted as sole counsel in the seminal will formality case Packer v Packer [2025] EWHC 461 (Ch) in the High Court and Court of Appeal.

CONTENTS

Chapter 1: Introduction

PART 1: PRELIMINARY CONSIDERATIONS
Chapter 2: Advertisement
Chapter 3: Insurance

PART 2: APPLICATIONS
Chapter 4: Declarations of Presumed Death Under the PDA 2013
Chapter 5: Alternatives to the PDA 2013
Chapter 6: Guardianship Orders
Chapter 7: Re Benjamin Orders

PART 3: OTHER MATTERS
Chapter 8: Miscellaneous Situations
Chapter 9: Costs