‘A Practical Guide to the Law in Relation to Presumption of Death and Guardianship Orders’ by Nicola Phillipson

Description

This practical guide covers applications under the Presumption of Death Act 2013 and the Guardianship (Missing Persons) Act 2017. It aims to provide the busy practitioner with advice on which Act to use and when, and the information needed and the steps to be taken to issue an application and obtain an order.

ABOUT THE AUTHOR

Nicola Phillipson TEP is a private client barrister at Parklane Plowden Chambers in Leeds whose practice encompasses probate and inheritance disputes, trusts, and property and financial matters in the Court of Protection. Nicola is recognised as a Band 1 ranked barrister in Chambers and Partners and a Tier 1 Leading Junior in the Legal 500.

Nicola is also the author of ‘A Practical Guide to the Law in Relation to Control of the Body After Death’, published by Law Brief Publishing, considering the law relating to disputes over the body, funerals, graves, and ashes.

CONTENTS

PART ONE – APPLICATIONS UNDER THE PRESUMPTION OF DEATH ACT 2013
Chapter One – Threshold for Making an Application
Chapter Two – When Can an Application Be Made Under the Act?
Chapter Three – Date and Time of Death
Chapter Four – Effect of the Declaration and Ancillary Orders
Chapter Five – How to Make the Application
Chapter Six – Intervening in an Application
Chapter Seven – First Hearing
Chapter Eight – Information From Third Parties
Chapter Nine – Final Hearing
Chapter Ten – Revocation or Variation of a Declaration

PART TWO – GUARDIANSHIP ORDERS
Chapter Eleven – Threshold for Making an Application
Chapter Twelve – Criteria to Be Satisfied to Make an Order
Chapter Thirteen – Terms of the Order
Chapter Fourteen – Acting as a Guardian
Chapter Fifteen – Variation and Revocation of an Order
Chapter Sixteen – Applying for a Guardianship Order
Chapter Seventeen – Intervenors
Chapter Eighteen – Hearings and Order
Chapter Nineteen – Applying for a Revocation or Variation Order
Chapter Twenty – DWP Orders