New court rules give families route to presumption of death

Families of missing persons in Ireland now have a formal legal route to establish the civil status of a loved one, after two new statutory instruments published in Iris Oifigiúil on Tuesday, 1 September 2026 brought the Civil Law (Presumption of Death) Act 2019 into operation in the courts. S.I. No. 447 of 2026 inserts a new Order 140 into the Rules of the Superior Courts, while S.I. No. 448 of 2026 inserts a new Order 74 into the Rules of the Circuit Court. Both instruments appear in Number 70 of the official gazette.

The rules give effect to the 2019 Act, which provides for the civil status of a missing person where the circumstances of his or her absence might lead to a presumption of death. Until now, families faced legal uncertainty over the status of a relative who had disappeared, with no clear procedural framework to obtain a declaration.

Superior Courts rules

S.I. No. 447 of 2026, the Rules of the Superior Courts (Civil Law (Presumption of Death) Act 2019) 2026, inserts a new Order 140 into the Rules of the Superior Courts. The new Order is designed to facilitate the operation of the 2019 Act, establishing the procedure by which an application for a presumption of death can be brought before the High Court.

The instrument sets out the procedural steps for such applications, giving the Superior Courts the machinery needed to hear and determine cases where a person’s absence gives rise to a presumption of death. Copies of the instrument are available from Government Publications, Mountshannon Road, Kilmainham, Dublin, at a price of €6.50.

Circuit Court rules

S.I. No. 448 of 2026, the Circuit Court Rules (Civil Law (Presumption of Death) Act 2019) 2026, inserts a new Order 74 into the Rules of the Circuit Court. It mirrors the Superior Courts instrument, providing the Circuit Court with the procedural framework to handle presumption-of-death applications at that level.

The two instruments together ensure that the 2019 Act can be applied consistently across both tiers of the court system. Copies of the Circuit Court rules are available from Government Publications at a price of €3.00.

What the Act provides

The Civil Law (Presumption of Death) Act 2019 establishes the legal basis on which a missing person may be presumed dead, allowing their civil status to be determined. The new rules give practical effect to that framework by setting out how and where such applications are made.

• S.I. No. 447 of 2026 — Superior Courts, new Order 140.
• S.I. No. 448 of 2026 — Circuit Court, new Order 74.
• Both implement the Civil Law (Presumption of Death) Act 2019.

For families left in limbo by the disappearance of a relative, the new rules provide a clear, accessible path to legal certainty, enabling matters such as succession, property and personal status to be resolved.

Source: Iris Oifigiúil, No. 70, 1 September 2026 (official references: S.I. No. 447 of 2026 and S.I. No. 448 of 2026).