Declaration of presumed death
I12Making declaration
1
On an application under section 1, the court must make the declaration if it is satisfied that the missing person—
a
has died, or
b
has not been known to be alive for a period of at least 7 years.
2
It must include in the declaration a finding as to the date and time of the missing person's death.
3
Where the court—
a
is satisfied that the missing person has died, but
b
is uncertain at which moment during a period the missing person died,
the finding must be that the missing person is presumed to have died at the end of that period.
4
Where the court—
a
is satisfied that the missing person has not been known to be alive for a period of at least 7 years, but
b
is not satisfied that the missing person has died,
the finding must be that the missing person is presumed to have died at the end of the period of 7 years beginning with the day after the day on which he or she was last known to be alive.