Does the presumption of death from seven years unaccountable absence from the time of disappearance apply?
Saskatchewan, Canada
The following excerpt is from Homanuke v. Homanuke, 1920 CanLII 201 (SK QB):
It appears to be established that when the presumption of death from seven years’ unaccountable absence is applied, that anyone seeking to prove that he was alive at a time after the disappearance must do so by affirmative evidence: In re Aldersey; Gibson v. Hall [1905] 2 Ch. 181, 74 L.J. Ch. 548, applying In re Phene’s Trusts, supra, in which there is an exhaustive review of the cases bearing on the presumption.
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