Justice CommitteeWritten evidence from Dr R Nelson

Summary

This submission relates to my brother who had been missing for over 10 years. It represents only a small financial value but points to the difficulties in dealing with the system. My experience indicates that the HMCS and Probate system are just not set up to deal with such cases and that most solicitors have essentially no experience in this field. There needs to be a simple and clear system in place to deal with Presumption of Death.

1. My brother suddenly disappeared in 2000, he had been living “outside the system” for some time. He was unemployed, had no income, had no bank account, did not receive any benefits and had not paid taxes etc. He had no real fixed abode, but I kept in touch through a mobile phone that I gave him. This suddenly went dead and I had not heard from him since then. I went to his last known “address” but found nothing, I then reported him as a missing person to the police. In 2001, by chance a letter arrive at my mother’s old address, she had been dead for many years, which was forwarded to me by the then current occupants. This letter was from Scottish Widows addressed to my brother informing him that a paid up pension was due, this was in fact only for £1,500. I contacted Scottish Widows, but they said that they were unable to pay the money until a death certificate had been submitted.

2. I waited for some 10 years (I understood that at least seven years was necessary) before I re-contacted Scottish Widows. I took advice and realised that the sum of money involved was so little that it was not appropriate to use a solicitor. I searched the WEB and found advice from the “Missing Peoples” organisation, who suggested that I contact the Courts directly, by letter. Luckily I had an old Will which my brother and I had organised well before his disappearance.

3. After some time a helpful junior officer in the HMCS replied asking for full details including what steps I had taken to find my brother. I submitted a detailed report, this junior officer submitted this to the Probate Registrar who agreed to accept a personal submission for probate as the sum of money was so small. After numerous e-mails and letters and very helpful guidance from the Registrar I eventually submitted an acceptable request which included appropriate affidavits and a completed PA1 together with letters from Scottish Widows. All the paperwork was the passed to a Probate Commissioner to deal with. By now the process had taken some eight months.

4. At this stage I had assumed that it now would be dealt with quickly, but this was far from the case. It took another year to be dealt with, the case being passed from person to person, the excuse being that it was an unusual case which had no death certificate etc. I contacted the Chief Officer, who agreed to sort it out, but nothing happened. I then threatened to contact my MP, and at last this got things moving. At the final face-to-face interview, there was concern that there was no death certificate. However, eventually The Grant of Representation was granted. This was sent to Scottish Widows and the small inheritance was paid.

5. I think that the HMCS and Probate system are just not set up to deal with such cases. If the financial amounts are small then it is perhaps too costly to use Solicitors. In any case I have found that most solicitors have essentially no experience in this field. There needs to be a simple and clear system put in place to deal with Presumption of Death, This would save significant costs, time and worries. I believe that I was particularly lucky because, by chance, I found a junior officer in the HMCS who took it upon himself to help out. The “Missing Peoples Organisation” were also very helpful.

August 2011