Missing Persons. When Can You Deem Someone Has Actually Died?

Sometimes, very unfortunately, loved ones go missing. They may never return from a hunting trip, or a hike in the mountains. How can we deal with their assets? Their bills while they are missing? What if they return home? Or worse……..what if they never return, when can we actually deem that they are deceased and start to deal with their Estate?

This is a complicated issue. It is hard enough to get closure when a loved one passes away, let alone if their body is never found. If there is “sufficient evidence” that a person is dead, you can try to apply to the Court for a Presumption of Death Order. “Sufficient evidence” is really evidence looked at in its totality regarding the circumstances relating to the disappearance of the missing person.

Strong evidence will include things like affidavit evidence from the police and other sources, in terms of searches undertaken over a period of time for the missing person, phone records and banking records showing no activity for months on the accounts etc. If there is insufficient evidence that someone is deceased, but where they have been missing for a certain period of time, with no contact with relatives or others that are usually in touch with them, the Court may appoint the Public Guardian and Trustee, or other suitable person on application to the Court, as custodian of the missing person’s property.

This is provided as information ONLY; it should NOT be construed as legal advice. You should consult with a lawyer to provide you with specific advice for your own situation. For more information on incapacity planning/estate planning and to discuss your specific circumstances, please contact Vanessa DeDominicis on 250-869-1140 or [email protected] Vanessa practices in the area of Wills and Estates at Pushor Mitchell LLP in Kelowna.

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