Declarations of Death Act, 2002, S.O. 2002, c. 14, Sched.

• Jurisdiction: Ontario

Declarations of Death Act, 2002

S.O. 2002, chapter 14
Schedule

Consolidation Period: From March 9, 2005 to the e-Laws currency date.

Last amendment: 2005, c. 5, s. 19.

Definitions

1 In this Act,

“interested person” means any person who is or would be affected by an order declaring that an individual is dead, including,

(a) a person named as executor or estate trustee in the individual’s will,

(b) a person who may be entitled to apply to be appointed administrator of the individual’s estate on intestacy,

(c) the individual’s spouse,

(d) the individual’s next of kin,

(e) the individual’s guardian or attorney for personal care or property under the Substitute Decisions Act, 1992,

(f) a person who is in possession of property owned by the individual,

(g) if there is a contract of life insurance or group insurance insuring the individual’s life,

(i) the insurer, and

(ii) any potential claimant under the contract, and

(h) if the individual has been declared an absentee under the Absentees Act, the committee of his or her estate; (“personne intéressée”)

“spouse” means,

(a) a spouse as defined in section 1 of the Family Law Act, or

(b) either of two persons who live together in a conjugal relationship outside marriage. (“conjoint”) 2002, c. 14, Sched., s. 1; 2005, c. 5, s. 19.

Section Amendments with date in force (d/m/y)

2005, c. 5, s. 19 - 09/03/2005

Order re declaration of death

2 (1) An interested person may apply to the Superior Court of Justice, with notice to any other interested persons of whom the applicant is aware, for an order under subsection (3). 2002, c. 14, Sched., s. 2 (1).

Notice

(2) Notice under subsection (1),

(a) if given by or to an insurer, shall be given at least 30 days before the application to court is made;

(b) if not given by or to an insurer, shall be given as provided by the rules of court. 2002, c. 14, Sched., s. 2 (2).

Power of court

(3) The court may make an order declaring that an individual has died if the court is satisfied that either subsection (4) or (5) applies. 2002, c. 14, Sched., s. 2 (3).

Disappearance in circumstances of peril

(4) This subsection applies if,

(a) the individual has disappeared in circumstances of peril;

(b) the applicant has not heard of or from the individual since the disappearance;

(c) to the applicant’s knowledge, after making reasonable inquiries, no other person has heard of or from the individual since the disappearance;

(d) the applicant has no reason to believe that the individual is alive; and

(e) there is sufficient evidence to find that the individual is dead. 2002, c. 14, Sched., s. 2 (4).

Seven-year absence

(5) This subsection applies if,

(a) the individual has been absent for at least seven years;

(b) the applicant has not heard of or from the individual during the seven-year period;

(c) to the applicant’s knowledge, after making reasonable inquiries, no other person has heard of or from the individual during the seven-year period;

(d) the applicant has no reason to believe that the individual is alive; and

(e) there is sufficient evidence to find that the individual is dead. 2002, c. 14, Sched., s. 2 (5).

Scope of order

(6) The declaration of death applies for all purposes unless the court,

(a) determines that it should apply only for certain purposes; and

(b) specifies those purposes in the order. 2002, c. 14, Sched., s. 2 (6).

Same

(7) The declaration of death is not binding on an...