Lord Lucan was officially declared dead by the High Court in 1999. However, that declaration could not deal will all the administrative issues. For example, his title of Lord cannot pass to his son without a death certificate.
Under Presumption of Death Act 2013 the court has the power to:
- Make a declaration of presumed death
- Make an order varying or revoking a declaration of presumed death, known as a variation order
- Determine questions relating to interests in property and to make orders in relation to interests in property
The Presumption of Death Act was the result of a campaign supported by relatives of high-profile missing people, including the chef Claudia Lawrence, who disappeared in York in 2009, and the Manic Street Preachers guitarist Richey Edwards, who went missing in 1995.
Bingham, who was a child when his father disappeared, told West End Extra that he was applying to the high court under the Presumption of Death Act, which came into effect a year ago. He said the 1999 declaration had not proved death “for all purposes” and the new law allowed for a “more complete process”.