Jurisdiction(s):
United Kingdom

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Key definition

Declaration definition

What does Declaration mean? A declaration is a court’s formal statement determining the legal rights, obligations or status of the parties, without ordering further relief such as damages or an injunction. It is binding and clarifies the legal position, commonly used for contract interpretation, insurance coverage disputes, property rights, company law questions, and to test the lawfulness of statutory powers and public decisions in judicial review. The remedy is discretionary: the court will grant it where there is a real dispute and practical utility, including negative declarations (for example, that a party is not liable). It can be sought as stand‑alone declaratory relief...

Presumed Death (PDA 2013) Declarations and Guardianship (Missing Persons) Act 2017: jurisdiction, applicants, procedure, effects and variation orders—England and Wales

Published by a LexisNexis Family expert

Practice notes

The Presumption of Death Act 2013 (PDA 2013)

The PDA 2013 came into force on 1 October 2014 and applies solely to England and Wales. Before its commencement, a common law rebuttable evidential presumption treated a person as dead after a seven-year absence, alongside a patchwork of statutory measures (eg section 19 of the Matrimonial Causes Act 1973 (MCA 1973) and section 37 of the civil partnership Act 2004 (CPA 2004)) setting out specific procedures for different aspects of a missing person’s property and affairs, under which a missing person might be presumed deceased. PDA 2013 created a single mechanism to obtain from the High Court (Family Division or Chancery Division) a declaration that a missing person is deemed to have died, effective for all purposes. The court must grant the declaration if satisfied that the missing person has died, or has not been known to be alive for at least seven years. Any declaration must also state the date and time of the person’s death. Where the court is satisfied the person has died, but is unsure at what point within the period the death occurred, ...

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David Salter

David Salter has enjoyed a varied career in family law with over 45 years’ experience. He served as National Head of Family Law at Addleshaw Goddard and, subsequently, as Joint National Head of Family Law at Mills & Reeve, retiring in 2018.From 1997-1999, David was Chairman of Resolution, also acting as the first Chairman of Resolution’s Accreditation Committee. He subsequently became President of the International Academy of Family Lawyers from 2010 to 2012, having previously served as the Academy's European Chapter President.He has sat in various part-time judicial posts since 1985 sitting regularly as a deputy High Court judge and Recorder in the Family Court until March 2022. He now conducts private financial dispute resolution appointments.David was one of the original members of the Family Procedure Rules Committee which framed the 2010 Rules, serving a ten-year term from 2004 to 2014.He is a...

Web page updated on 21/05/2026

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