It's now been three years since my father disappeared without a word, and he never left anyone managing his property — is that long enough to formally have him declared an absentee, or do we need to wait longer?

Question

Accepted Answer

Two years is generally enough. Rule 107, Section 2 allows a declaration of absence and appointment of a trustee or administrator after two years without news since disappearance, extended to five years only if the absentee left someone in charge of administering his property. The two-year default A declaration may be sought after the lapse of two years from his disappearance and without any news about the absentee or since the receipt of the last news. The two-year clock can start either from the disappearance itself or, where some contact did occur, from the last news received about the absentee, whichever event is later in time. Two years is treated as the ordinary waiting period where no one is already looking after the missing person's property, since that absence of a caretaker makes formalizing an administration more urgent. The five-year exception The waiting period extends to five years only in case the absentee has left a person in charge of the administration of his property — where someone is already managing his affairs, the law is in less of a hurry to formalize a declaration. The longer period reflects that the property itself is not left unattended or at risk in the meantime, so the formal court process can wait longer before it becomes necessary. Who may apply The applicants are limited to a defined list: (a) The spouse present; (b) The heirs instituted in a will, who may present an authentic copy of the same; (c) The relatives who would succeed by the law of intestacy, plus those holding a right over the property conditioned on the absentee's death. This list restricts the petition to people with a genuine legal stake in the absentee's affairs or eventual estate, rather than opening it to any interested member of the public. What the declaration leads to The declaration triggers the appointment of a trustee or administrator, the formal mechanism the following sections use to manage the absentee's property going forward once the two- or five-year period has run. Until that appointment is made, the absentee's property may otherwise go unmanaged, which is precisely the gap this rule is designed to close once enough time has passed to justify court intervention.

It's now been three years since my father disappeared without a word, and he never left anyone managing his property — is that long enough to formally have him declared an absentee, or do we need to wait longer?

What the law says

The two-year default

The five-year exception

Who may apply

What the declaration leads to

Related provisions

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