Overview Of Presumption Of Death Act

The Act establishes presumptions of death. Section 3 of the Act provides that the Supreme Court may make an order declaring that a person is presumed dead for all purposes, or for only those purposes specified in the order, where a person has been absent and reasonable grounds exist for supposing the person is dead.

GENERAL EFFECT ON LAND TITLE PRACTICE

The property of a person presumed dead may be distributed in reliance on a court order, and ss. 5 and 6 of the Act determine the status of such distributed property in circumstances where the deceased is later found, in fact, to be either dead or alive.