Title BEFORE re-enacted by 2009-13-254, effective March 31, 2014 (BC Reg 148/2013).
SURVIVORSHIP AND PRESUMPTION OF DEATH ACT
Section 1 definition of "instrument" BEFORE repealed by 2009-13-255, effective March 31, 2014 (BC Reg 148/2013).
"instrument" includes the Wills Act;
Section 2 (2) BEFORE amended by 2012-37-166, effective July 1, 2012 (BC Reg 191/2012) [as amended by BC Reg 194/2012].
(2) This section is subject to section 72 of the Insurance Act.
Section 2 BEFORE repealed by 2009-13-256, effective March 31, 2014 (BC Reg 148/2013).
General presumptions
2 (1) Except as provided in subsections (2), (3) and (4), if 2 or more persons die at the same time or in circumstances that make it uncertain which of them survived the other or others, those deaths are, for all purposes affecting the title to property, presumed to have occurred in the order of seniority, and accordingly the younger is deemed to have survived the older.
(2) This section is subject to section 83 of the Insurance Act.
(3) Subject to a contrary intention appearing by the instrument, if
(a) an instrument contains a provision for the disposition of property operative in any one or more of the following cases, namely, if a person designated in the instrument
(i) dies before another person,
(ii) dies at the same time as another person, or
(iii) dies in circumstances that make it uncertain which of them survived the other, and
(b) the designated person dies at the same time as the other person or in circumstances that make it uncertain which of them survived the other,
then, for the purpose of that disposition, the case for which the instrument provides is deemed to have occurred.
(4) Subject to a contrary intention appearing by the will, if
(a) a will contains a provision for a substitute personal representative operative in any one or more of the following cases, namely, if an executor designated in the will
(ii) dies at the same time as the testator, or
(iii) dies in circumstances that make it uncertain which of them survived the other, and
(b) the designated executor dies at the same time as the testator or in circumstances that make it uncertain which of them survived the other,
then, for the purpose of probate, the case for which the will provides is deemed to have occurred.
(5) If a contract of accident insurance or of sickness insurance, or both, provides for the payment of money on the death by accident of the person insured and the person insured and a beneficiary perish in the same disaster, it is presumed, in the absence of evidence to the contrary, that the beneficiary died first.
Section 3 (5) was added by 2002-15-22, effective December 19, 2002 (BC Reg 381/2002).
[Note: The above was amended by 2002-74-43, effective December 19, 2002 (BC Reg 381/2002).]
Section 3 (1) (part) BEFORE amended by 2010-6-97,Sch 7, effective July 1, 2010.
(1) If, on the application of an interested person under the Rules of Court, the court is satisfied that
Section 3 (5) BEFORE amended by 2014-14-139, effective May 29, 2014 (Royal Assent).
(5) The registrar of the court must forward to the chief executive officer under the Vital Statistics Act an order made under subsection (1) or (3) within 30 days of the entry of the order.
Section 4 BEFORE amended by 2023-10-890, effective March 30, 2023 (Royal Assent).
Duty of personal representative
4 If an order has been made declaring that a person is presumed to be dead for all purposes or for the purpose of distributing his or her estate, and the personal representative of the person presumed to be dead subsequently believes or there are reasonable grounds for the personal representative to believe that the person is not in fact dead, the personal representative must not deal after that with the estate or the remaining estate unless the presumption of death is confirmed by a further order made under section 3.
Section 5 (1) BEFORE amended by 2023-10-890, effective March 30, 2023 (Royal Assent).
(1) If a person who is presumed to be dead is, in fact, alive, any of his or her property that has been distributed in reliance on an order made under section 3, and not in contravention of section 4, is deemed to be a final distribution and to be the property of the person to whom it has been distributed as against the person presumed to be dead.
Section 6 BEFORE amended by 2023-10-890, effective March 30, 2023 (Royal Assent).
Status of property if deceased in fact dead
6 If a person who is presumed to be dead is, in fact, dead, any of his or her property that has been distributed in reliance on an order made under section 3 is deemed to be a final distribution and to be the property of the person to whom it has been distributed as against any person who would otherwise be entitled if the order made under section 3 had not been made.