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RSNL1990 CHAPTER P-20

PRESUMPTION OF DEATH ACT

Amended:

CHAPTER P-20

AN ACT TO PROVIDE FOR THE MAKING OF
ORDERS DECLARING THAT PERSONS NAMED IN THE ORDERS ARE PRESUMED TO BE DEAD

Analysis



Short title

        1. This Act may be cited as the Presumption of Death Act.

RSN1970 c304 s1

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Definition

        2. In this Act "court" means the Trial Division or a judge of that court.

RSN1970 c304 s2; 1974 No57 s38; 1986 c42 Sch A

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Presumption of death

        3. (1) Upon application to the court to be heard after the notice that the court thinks appropriate, the court, where 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 another 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,

may make an order declaring that the person is presumed to be dead for all purposes or for those purposes only that are specified in the order.

             (2)  An order made under subsection (1) shall state the date on which the person named is presumed to have died or the date after which that person is presumed not to be living.

RSN1970 c304 s3

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Certified copy of order

        4. An order made under subsection 3(1), or a certified copy of it, declaring that a person is presumed dead for all purposes or for the purposes specified in the order is proof of death in matters requiring proof of death.

RSN1970 c304 s4

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Act subject to Life Insurance Act

        5. This Act is subject to sections 40 to 45 of the Life Insurance Act.

RSN1970 c304 s5