RootsChat.Com
General => The Common Room => Topic started by: moo on Friday 29 January 16 16:51 GMT (UK)
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Hello
Hoping someone might be able to answer, or point me in the right direction
If someone is declared deceased, what would the procedure be in getting this done, and would a death certificate be issued.
Regards
Moo
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See https://www.gov.uk/get-declaration-presumed-death/overview
Stan
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Apparently it costs £480 to get a declaration of presumed death.
Stan
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:o :o.
I think the one moo is referring to is this :
http://www.rootschat.com/forum/index.php?topic=740328.msg5866824#msg5866824
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Yes that's him lol, I am wondering if newspaper ads would have been taken out, police reports etc.
Moo
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Once you've got the marriage cert with the man's age it will be more possible to look for a death cert. However his wife may have just said she had had HB declared dead in order to re-marry.
However I did find this from the GRO website
You can not order the following certificates online -
A presumed death certificate
so I do not know how such a reference would appear in the GRO indexes.
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A presumed death certificate is a very recent inovation.
The Presumption of Death Act 2013 was passed in March 2013 and came fully into force on 1 October 2014, and addressed flaws in the former system by creating a new court procedure which can lead to the issue of a Certificate of Presumed Death. http://www.rootschat.com/links/01gym/
Stan
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If the spouse has been absent for at least seven years then the other partner can presume them to be dead, even if he/she does not have positive proof of the death. If however the missing spouse turns out not to be dead, (i.e. returns from abroad) then the other partner cannot be prosecuted for bigamy, but the second marriage is void.
Stan
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Thank you Stan and Josey
Would she not have had to produce evidence she could get married again ?
Regards
Moo
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There is a woman that disappeared here (Pennsylvania USA) in the early 1900s. She was declared dead to settle the estate. She has no death certificate and has never been found. Rumor had it that there was foul play and I got a tip where she may be buried/hidden. Come spring time I'm going to start a serious effort in finding her if it's true. Granted there won't be much left, but I want her buried with her family and not out in the woods.
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Thank you Stan and Josey
Would she not have had to produce evidence she could get married again ?
Regards
Moo
No you can sometimes find entries in parish registers such as xxx xxx wife of yyy yyy who has been beyond the seas for upwards of seven year married zzz zzz.
Having to prove things in a modern invention, in the past people were taken at their word.
Cheers
Guy
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No she would not have to produce any evidence. The registrar and minister accept what they are told by the people getting married. There was no requirement to prove anything, that is the reason for the marriage book in a Register Office, and Banns in a Church, so that the details are available to the public so that any objections to the legality of the proposed marriage can be made.
Stan
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Carry this one step further. What does one who "returns from the dead" have to do to prove he is alive? I have read of people in Canada having a terrible time getting their "death" reversed.