Civil Law (Presumption of Death) Act is now law
The Civil Law (Presumption of Death) Act 2019 will enter into operation on Friday, 1 November after being signed yesterday afternoon by Minister for Justice & Equality, Charlie Flanagan.
Under the new 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.
Order
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.
Certainty
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 legally made.
"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”.