Presumption of death order meaning

In this issue: Practice and procedure Domestic abuse Public children Private children Court of Protection International children Daily and weekly news alerts Updated content New Q&As Useful information Practice and procedure House of Commons Justice Committee to examine reform of the Family Court During a parliamentary evidence session on Family Court reform, the House of Commons Justice Committee questioned the President of the Family Division, Sir Andrew McFarlane, alongside Dame Nicole Jacobs, the Domestic Abuse Commissioner for England and Wales. The discussion focused on recent reforms designed to tackle delays and backlogs, promote early intervention and mediation, strengthen responses to domestic abuse, progress problem-solving courts, and address data and digitalisation within the Family Court. The chief executives of the Children and Family Court Advisory and Support Service (Cafcass) and the Nuffield Family Justice Observatory also appeared before the committee. The evidence session can be viewed here. See: LNB News 24/10/2025 41...

In this issue: Trusts Court of Protection Elderly and vulnerable clients UK taxes for Private Client HMRC Manuals updates Tax avoidance, evasion and non-compliance Budgets and Finance Bills Insolvency—Private Client Contentious trusts and estates Pensions, insurance and tax efficient investments Scotland, Wales and Northern Ireland Question of the week Additional Private Client updates this week Daily and weekly news alerts LexTalk®Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Latest Q&As Useful information Trusts Chancery Division finds trust was legally constituted (Hilton v Woolfe) In a probate dispute concerning management of the Rutland Trust, created under the will of John Keeling Walker, the Chancery Division determined that the trust took legal effect on the grant of probate dated 30 August 2002. At that point, Vicki Walker and Mr Ian Neal became the first Rutland Trustees. The court also...

In this issue: Practice and procedure Relationship breakdown Public children Transparency Cohabitants Financial provision Enforcement Court of Protection International children Updated content Daily and weekly news alerts Weekly highlights archive Practice and procedure Update to Standard Order 10.2 (short-form non-molestation order) Following a correction to Order 10.2 (short-form non-molestation order), Mr Justice Peel has refreshed the Standard Family Orders. The amended order now records the respondent’s address and date of birth to support police database entries. The updated Order 10.2, together with reissued yet unchanged Volumes 1 and 2, can be found here. HMCTS sets out progress and next steps for family courts HM Courts and Tribunals Service (HMCTS) has posted a blog outlining advances across the family courts, including broader digital services, clearer guidance and improved support for vulnerable users. The forthcoming phase will prioritise cutting delays, enhancing accessibility and ensuring court processes are simpler, quicker and more...

This Practice Note outlines guidance on altering, terminating or renewing a guardianship for a missing person under the Guardianship (Missing Persons) Act 2017 (G(MP)A 2017). For details on applying to appoint a guardian under G(MP)A 2017, see Practice Note: Making an application to appoint a guardian to manage the property and financial affairs of a missing person. For guidance on working under a guardianship order, the powers and responsibilities of a guardian, and how the Office of the Public Guardian (OPG) oversees guardians, see Practice Note: Acting as a guardian for a missing person. Amending a guardianship order While a guardianship order is in force, circumstances may arise showing its terms are no longer suitable. The court may modify the order if satisfied that: the individual whose property or financial affairs are subject to the order remains missing the absence condition or the urgency condition is met (if the urgency condition is relied upon, the court may only include in the variation provisions relating...

This Practice Note sets out guidance on acting as a guardian for a missing person under the Guardianship (Missing Persons) Act 2017 (G(MP)A 2017). It explains guardians’ powers and obligations, how supervision by the Office of the Public Guardian (OPG) operates, and practical first steps on appointment. For advice on when it is appropriate to seek the appointment of a guardian under the G(MP)A 2017, and the procedure for issuing a claim, see Practice Note: Making an application to appoint a guardian to manage the property and financial affairs of a missing person. For guidance on changing, ending or renewing a guardianship order, see Practice Note: Changing, ending or renewing a guardianship for a missing person. Duties of the guardian A guardian must comply with duties set by their guardianship order, the G(MP)A 2017, and any secondary legislation made under that Act. As the guardian is regarded as the agent of the missing person, obligations arising under the law of agency also apply. The principal duties of a...

Key issues in respect of privacy, confidentiality and publicity in the Court of Protection It is fundamental to the rule of law that justice is not merely delivered but plainly seen to be delivered by all. As a general rule, hearings should be open to the public and the media, save in exceptional circumstances, in order to respect Article 10 ECHR (freedom of expression). At the same time, both the common law and Article 6 ECHR (the right to a fair trial) allow hearings to depart from open court in cases concerning children and other vulnerable people. Until quite recently, the default position in family matters and in the Court of Protection was to sit in private, with only limited scope for reporting. Proceedings before the Court of Protection frequently involve the most intimate, fundamental and private issues, and there is a presumption that the vulnerable person will remain anonymous, so as to give effect to P’s Article 8 rights—and, in some instances, those of P’s family—relating to private...