Family given closure by new missing person law
FATHER CAN SETTLE MISSING SON’S FINANCES
THE father of missing Sam Conlin has become one of the first people in Hull to use new laws to take over his son’s financial affairs.
The 24-year-old was last spotted on the Humber Bridge on December 29, 2018. He is believed to have jumped, but his body has never been found.
Dad Ian feared the bank would repossess Sam’s house, which he owned, having sat empty ever since his disappearance.
But he has successfully used the new The Guardianship (Missing Persons) Act 2017, more commonly known as “Claudia’s Law” named in honour of Claudia Lawrence, to try and take over Sam’s financial concerns.
The legislation came into force in July 2019 and means that families will now be able to deal with the financial affairs of a missing loved one, rather than having to wait seven years before a death certificate is issued.
Claudia’s Law was championed by Peter Lawrence OBE, the father of Claudia, the 35-year-old chef at York University who went missing in 2009.
Mr Conlin said: “I managed to use the new law and I am now able to deal with Sam’s financial affairs.
“I now have his house up for sale and I have managed to pay off any debts Sam had.
“It has provided us some comfort knowing we have been able to put his affairs in order.
“Without Claudia’s Law we would have to wait seven years. My son had his own house and it would be repossessed long before then.
“There are wives and husbands who have lost their houses in such circumstances. It is ludicrous and without this law we’d have had no rights whatsoever, despite living through such pain.”
Sam was one of two men who took their own life on the bridge that night, each jumping within minutes of each other.
Although CCTV did not pick up the moment Sam jumped, as the bridge’s cameras were focused on the other man at that time, his dad Ian Conlin is “100 per cent certain” his son took his own life.
While Mr Conlin is thankful for the new law, he says there are issues with it.
Mr Conlin said: “We still have to apply for a presumption of death certificate to make it official, but this law gives us the chance to avoid anything like repossession.
“However, we have had to pay out quite a lot in solicitors’ fees to make this possible.
“But if you have no money then you cannot take advantage of this law so, in that respect, it’s flawed.
“But being able to deal with Sam’s affairs is not just a practical boost, it also helps us emotionally and provide some degree of closure.”
Before Claudia’s Law was introduced, families had to rely on the Presumption of Death Act 2013 to deal with the financial affairs of a missing loved one.
They were required to wait seven years before declaring the missing person as dead in order to deal with their affairs.
But the new legislation allows a guardian to be appointed to manage the affairs of somebody who has been missing for 90 days or more.
It allows a guardian to look after their loved one’s assets, for example contacting banks to stop direct debits and utility companies outstanding bills.
Guardians are also able to sell property, make gifts (provided the guardianship order expressly authorises this) and enter into deeds on behalf of the missing person.
Applications need to be made to the Chancery Division or Family Division of the High Court and applicants will have to provide evidence that the person is missing, supporting information to show that the missing individual has not been seen for 90 days and a witness statement explaining why a guardianship order is in the missing person’s best interests.
Despite being able to look after Sam’s affairs, Mr Conlin says the loss of his son does not get any easier.
He said: “This is a life sentence for all his family. It is a terrible thing and there isn’t a day that goes by when we don’t think about Sam.
“All you can do is learn to live with it as best you can. But every birthday and Christmas tears us apart.” liaising to deal with with