Land Title Practice Manual

3 Presumption Of Death

In This Volume

  • 3 (1) If, on the application of an interested person under the Supreme Court Civil Rules, the court is satisfied that
  • (a) a person has been absent and not heard of or from by the applicant, or to the knowledge of the applicant by any other person, since a day named,
  • (b) the applicant has no reason to believe that the person is living, and
  • (c) reasonable grounds exist for supposing that the person is dead,
  • the court may make an order declaring that the person is presumed to be dead for all purposes, or for those purposes only as are specified in the order.
  • (2) An order made under subsection (1) must state the date on which the person is presumed to have died.
  • (3) Any interested person may, with leave of the court, apply to the court for an order to vary, amend, confirm or revoke an order made under subsection (1).
  • (4) An order, or a certified copy of an order, declaring that a person is presumed to be dead for all purposes or for the purposes specified in the order, is proof of death in all matters requiring proof of death for those purposes.
  • (5) The registrar of the court must forward to the registrar general under the Vital Statistics Act an order made under subsection (1) or (3) within 30 days of the entry of the order.

1979-398-3; 2002-15-22. effective December 19, 2002 (B.C. Reg. 381/2002); 2002-74-43, effective December 19, 2002 (B.C. Reg. 381/2002); 2010-6-97, effective July 1, 2010; 2014-14-139.

PRACTICE

Application to Register Transmission of Estate of Person Who Has Been Presumed Dead

Submissions

On the Form 17 Fee Simple, select Nature of Interest, Transmission to Executor or Administrator, and attach an image of the following original documents:

  1. a duplicate indefeasible title, if any, submitted in hardcopy to the land title office;
  2. a certified copy of the court order presuming death; and
  3. in the case of tenants in common, a certified copy of letters probate, letters of administration, or letters of administration with will annexed.

Note that for a transmission of a charge, the Form 17 Charge, Notation or Filing must be used by selecting the applicable Nature of Interest.