5 Status Of Property If Deceased Later Found Alive

• 5 (1) If a person who is presumed to be dead is, in fact, alive, any of the person’s property that has been distributed in reliance on an order made under section 3, and not in contravention of section 4, is deemed to be a final distribution and to be the property of the person to whom it has been distributed as against the person presumed to be dead.
• (2) Subject to subsection (1), if a person who is presumed to be dead is found by the court to be alive, the court may, on the application of any interested person, by order, give directions the court considers appropriate respecting the property of the person found to be alive and its preservation and return.

1979-398-5; 2023-10-890.