When a person goes missing
When a loved one goes missing, it can be a distressing time for families.
Initially, in the hours and days after someone goes missing, search and rescue teams will focus their efforts on finding the person to make sure that they are safe and well.
When someone has been missing for a longer period of time, these worries will increase, and it may be important to start planning for the management of their affairs.
Police Family Liaison Officers may help depending on:
- the circumstances
- the level of evidence gathering
- the information needed
Police Family Liaison Officers provide support and information to families, explaining the stages of the enquiry to them. They can also suggest support services for families and provide them with guidance.
This webpage provides general guidance on the relevant legislation and actions families may take if a member of their family is missing for a long period of time. It should not be used instead of independent legal advice as every family is different.
The UK charity Missing People has some guidance that may be helpful to support families. However, the legal advice may not apply to Jersey Law.
Missing People website
Management of assets
Depending on their circumstances a missing person may have assets, properties or businesses. These may need management to prevent them from falling into disrepair while the person is missing.
After a person has been missing for a number of weeks, family members should start taking action to protect their assets.
This may include arrangements for payments to prevent the missing person from getting into debt or facing legal action, as well as insurance to protect their property.
Payments may include:
- mortgages
- rent
- bills
- insurance
If the person holds properties or assets in England or Wales, the Office of the Public Guardian may be able to assist. Find more information on how to
manage a missing person's finances and property on GOV.UK.
Notifying banks, landlords and service providers
Often family members have no rights to access bank accounts or deal with service providers on behalf of a missing person.
Family members cannot freeze or stop money from leaving the missing person's account without a right to do so, such as a power of attorney.
Financial institutions typically have a legal duty to keep information about customers' accounts confidential. They may not be able to act on the instructions of family members, even if they are trying to act in the best interests of the missing person.
Families should create a list of bank accounts, investments, and any income the missing person might have, such as pensions, to enable them to tell the relevant organisations.
It may be helpful to make a list of expenses or financial responsibilities of the missing person. This may include:
- rent
- mortgages
- credit card payments
- loans
- insurance
- utility bills
It may be helpful to prioritise things the missing person could lose if payments are missed, such as their property or car.
Before contacting a bank or business, it is helpful to think about what you may need to ask them. Families may need information about how much the missing person owes, or to ask a business to consider a payment pause.
The Jersey Financial Services Commission's (JFSC) Code of Practice for Investment Business outlines expected practices for businesses providing investment services to vulnerable persons. This sets out the JFSC's expectations relating to the treatment and level of care provided to vulnerable or potentially vulnerable persons. Under this Code of Practice, a registered person must identify and afford appropriate protection to a vulnerable client.
The missing person may be considered a vulnerable person, and their assets might be afforded the same protections as other vulnerable customers under the Codes of Practice. It may be helpful for families to highlight this point to any relevant bank or financial institution. Investment services provided to the missing person may benefit from these protections.
Investment Business Code of Practice on JFSC
It is important to tell the missing person's bank, landlord, pension company, or any service providers, even if families have no rights to make arrangements for their affairs.
This will help businesses plan and sometimes they may be able to help the family to protect the missing person's assets, while still acting in within the relevant laws.
For example:
- a missing person may have an existing joint bank account with a spouse or partner, which might allow for the short-term payment of bills
- a spouse or partner may hold accounts for services or utilities in joint names with the missing person
- a missing person may have already given permission to a company to speak to their family member on their behalf
Family members may be able to deposit money into a missing person's account to make sure that payments can be made. They should only do this if they are in a financial position to do so. They should take financial advice first. This may help make sure that the missing person does not go into debt.
Families should tell
Employment, Social Security and Housing (ESSH) that the person is missing. This is important if the missing person was on Income Support or other benefits or if they have children.
ESSH will be able to work with families to identify the support they are entitled to. They can also provide advice and guidance on:
- Income Support
- health benefits
- impairments
- contributions
- business
- residential matters
If the missing person has a private pension, it is important to tell the pension companies.
It is also helpful to speak to the missing person's Parish Hall about any rates payments.
Even if families have limited powers to act on behalf of the missing person, it is important that they speak to organisations and companies the missing person might owe money to. This will allow businesses to put plans in place and may help protect the missing person's assets if they return. Some businesses may be willing to wait before pursuing debts. This may help in the short term.
Existing powers of attorney
The
Capacity and Self-Determination (Jersey) Law 2016, allows a person to appoint a delegate to act on their behalf.
If the missing person had made a lasting power of attorney for their property and financial affairs before they went missing, the appointed attorney or delegate may be able to make some decisions on the person's behalf.
The lasting power of attorney must be registered with the Judicial Greffe.
Judicial Greffe on courts.je
The details of the kinds of decisions an attorney can make will be included in the lasting power of attorney document. This may include:
- arranging the payment of bills
- cancelling any subscriptions
- planning for the storage or upkeep of a missing person's possessions
An attorney should always act in the best interests of the missing person. The Viscount has investigatory and regulatory powers over attorneys.
You should notify the Judicial Greffe if you plan to start using an existing power of attorney if someone has gone missing.
Appointment of an administrator to manage assets
If a person has been missing for a number of weeks or months, it may be necessary to apply to the Royal Court to appoint an administrator, so that a missing person's assets may be managed.
An administrator may be appointed if the court is satisfied that it is expedient to do so and if a person is absent from Jersey and can’t be contacted. This may also be appropriate in hostage situations, if a missing person has been working in a conflict region.
The court will outline who the administrator is and what they may do. This may include allowing the administrator to access bank accounts to:
- make mortgage payments
- provide for the missing person's children or dependents from their savings
Applications should be made to the Judicial Greffe, who will be able to advise on the process. It is important to seek legal advice before any application is made.
Judicial Greffe on courts.je
Presumption of death, wills and successions
When a person is missing and search efforts to find them have been unsuccessful, the Police Service may suggest that the likelihood of finding them alive is low.
Families may decide that it is the right time to seek a declaration of the missing person's death.
This would allow the missing person's movable and immovable assets to be inherited by their family, friends or organisations of their choice.
Upon application, the Royal Court may declare a missing person is dead when the required standard of proof to presume their death is reached. The Judicial Greffe will advise on the process to do this.
Before making an application, independent legal advice should be sought from a Jersey lawyer to make sure the application is appropriate.
If a missing person is domiciled outside of Jersey or went missing outside of Jersey, the Royal Court will still need to declare their death for the purposes of administering any Jersey assets.
Often, in historic legal cases, people have not been declared dead until they have been missing for 7 years. However, every case is different and if there is substantial proof that the missing person is likely to be dead, and if they disappeared in circumstances which presented an immediate threat to their life, they may be declared to be dead before 7 years. This might be an individual going missing at sea or in a natural disaster.
The court will consider a range of factors, for example:
- the circumstances in which they went missing
- evidence from their bank account or mobile telephone around the time they went missing
- police search efforts
What matters is the strength of the evidence, and whether the court is satisfied that the required standard of proof is reached, not the period of time.
Once the Royal Court declares a missing person as presumed to be dead under the
Probate (Jersey) Law 1998, the court will issue an order as evidence of the missing person's death. This order shall provide proof of death, unless there is later evidence that the person is found alive.
Once the court has issued the order the missing person's death may be registered by the Office of the Superintendent Registrar. This will allow the missing person's assets to be inherited according to the Jersey inheritance law. Financial assets, such as money, cars, and jewellery, will be covered by laws for moveable assets.
It is advisable to ask a Jersey lawyer to apply for a grant of probate to administer the missing person's movable estate, as the application process will be complex.
Real estate, such as houses, or land, unless they are owned via share transfer, will be covered by laws for immoveable assets. A Jersey lawyer must administer any immovable property.
If the missing persons has left wills of immovable and movable property, their assets must be distributed according to these wishes, and in accordance with legal rules.
If the missing person has not left a will, their assets will be distributed according to intestacy legislation, under the
Wills and Successions (Jersey) Law 1993. This law ensures that their spouse, civil partner, children, or closest relatives will have inheritance rights.
If the missing person holds property in another country, it is important to seek legal advice in relation to that jurisdiction.
Ending a marriage or civil partnership
When the Royal Court has declared a missing person presumed to be dead under the
Probate (Jersey) Law 1998, this will allow the individual's death to be registered.
The registration of their death will end their marriage or civil partnership, allowing their spouse or civil partner to remarry or enter a civil partnership in the future.
If the missing person had very few assets, their spouse or civil partner, who has reasonable grounds for supposing that they are dead, may decide to apply to the Royal Court for the purpose of ending the marriage or civil partnership.
This application will be made on similar terms to any application under the Probate (Jersey) Law 1998. A declaration of presumption of death may be made if:
- the person has been missing for a period of 7 years or more
- the person has been continually absent from the relationship
- there is no reason to believe the person is living
However, the reasonable ground for supposing the missing person is dead is not necessarily limited to 7 years of absence.
Mental health support
When a person goes missing for a long time the uncertainty can be distressing for families who can’t properly grieve.
It is important to get support from your GP or councillors.
Adult mental health support
Local mental health charities and organisations
For support for children and young people contact the
Children and Adolescent Mental Health Service (CAMHS).
You can also contact the Citizens Advice Bureau for free, independent and confidential advice. They can help you understand your options and signpost you to local charities and support services that may be appropriate for your circumstances:
Citizens Advice Jersey website
gov.je