2(1)On application after such notice as the Court considers proper, the Court may make an order declaring that a person is presumed dead, for all purposes or for such purposes only as are specified in the order, if the Court is satisfied that

2(2)The order referred to in subsection (1) shall state the date on which the person is presumed to have died or the date after which the person is presumed to be dead.

3(1)On application after such notice as the Court considers proper, the Court may make an order declaring a person to be an absentee if the Court is satisfied that

3(2)In an order made under subsection (1), the Court may

3(3)If an application has been made under subsection 2(1), the Court may, with the concurrence of the applicant, treat the application as an application under subsection (1).

3(4)The powers and duties of the Court and a committee with respect to the estate of an absentee are the same, with the necessary modifications, as those of a court and a representative respectively under the Supported Decision-Making and Representation Act.

3(5)Subject to the direction of the Court, a committee appointed under this Act has authority to expend money out of the estate of an absentee for the purpose of endeavouring to trace that person’s whereabouts and to ascertain whether that person is alive or dead.

3(6)On application after such notice as the Court considers proper, the Court, if satisfied that a person declared to be an absentee has ceased to be an absentee, may make an order so declaring and superseding, vacating and setting aside the order declaring the person to be an absentee for all purposes except as to acts or things done respecting the estate of the absentee while the order was in force.

5(1)An order made under subsection 2(1), or a copy of such an order certified by the Registrar or a deputy registrar, is proof of death in all matters requiring proof of death.

5(2)An order made under subsection 2(1) is not proof of the death of a person whose life is insured under a policy of insurance to which Part 5 of the Insurance Act applies for the purpose of claiming under that policy of insurance.

6(1)Subject to subsections (2) and (3), if an order has been made declaring that a person is presumed dead for all purposes or for the purpose of distributing the person’s estate, and the estate, or a portion of it, has been distributed in accordance with the law governing the distribution of estates, and it is later discovered that the person is not dead, any estate distributed shall be deemed to be a final distribution and to be the property of the person to whom it was distributed as against the person presumed dead, and is not subject to recovery by that person.

6(2)In circumstances described in subsection (1), the Court may order a person to whom any estate has been distributed to reconvey to the owner the whole or a specified portion of the estate in the person’s possession at the time of the order, or to pay to the owner a specified amount representing the value of the estate distributed to the person or a portion of it if, in the opinion of the Court, having regard to the circumstances of the case, including any inconvenience or hardship that would be imposed on the person subject to the order, the making of such an order would be just.

6(3)If the whole or a portion of the estate is reconveyed, or an amount is paid, to a person under an order made under subsection (2),

6(4)Any estate referred to in subsection (1) not distributed at the time it is discovered that the person presumed dead is not dead continues to be the property of that person and is to be returned to that person on such terms and conditions as the Court may direct.

6(5)The person holding any estate referred to in subsection (4) shall be deemed to be a trustee of the estate until such time as the Court directs otherwise.

6(6)If the person distributing the estate of a person presumed dead under an order made under this Act has reason to believe that the person is or may, in fact, be alive, the person distributing the estate shall cease the distribution and apply to the Court for directions.