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The Presumption of Death and Declaration of Absence Act

C.C.S.M. c. P120

The Presumption of Death and Declaration of Absence Act

INTRODUCTORY PROVISIONS
1 Definitions
2 Application of Queen's Bench Rules
ORDERS
3 (1) Who may apply for an order?
(2) Notice of application
(3) Status of person directed to be served
4 (1) Presumption of death order
(2) Date of presumed death
(3) Scope of order
(4) Order is proof of death
(5) Alternative order
5 (1) Declaration of absence order
(2) Contents of order
(3) Powers and duties of committee
(4) Powers of committee to expend money out of estate
6 (1) Changing or confirming an order
(2) Court may give directions
7 (1) Appeal
(2) Notice of appeal
(3) Powers of Court on appeal
ACTIONS UNDER AN ORDER
8 (1) Duty of personal representative
(2) Duty of trustee of insurance proceeds
(3) Confirmation order required
9 (1) Status of property if person is in fact alive or found
(2) Insurance proceeds used by trustee
(3) Exception
10 (1) Court retains jurisdiction to order return of property or proceeds
(2) Order
11 Status of property if person is in fact dead
PRESUMPTION OF DEATH ORDER MADE OUTSIDE MANITOBA
12 (1) Order made in Canada
(2) Order made outside Canada
AMENDMENTS TO INSURANCE ACT
13
CONSEQUENTIAL AMENDMENTS
14 to 15
REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE
16 Repeal
17 C.C.S.M. reference
18 Coming into force