217Vesting of interests on end of life interest—evidence of

217 Vesting of interests on end of life interest—evidence of death (1) If a reversion, remainder or other interest in property is to vest in possession on the death of 1 or more people and the person entitled to the interest believes that the interest has become vested in possession because of the death of the relevant person, the person entitled to the interest (the applicant) may— (a) apply to a court for appropriate orders in relation to the property; and

(b) give the court evidence of the death of the relevant person. (2) If the court is satisfied that the relevant person has died, the court may make appropriate orders in relation to the property in which the interest is held. (3) Without limiting subsection (2), if evidence is given to the court that the relevant person has remained outside Australia, or has been absent from the place in Australia where the person might have been expected to be found, for 7 years or longer, then, unless it is proved to the satisfaction of the court that the relevant person is still alive, the court may order that the person is, for the proceeding, taken to have died and make appropriate orders on that basis. (4) If judgment is given against the applicant and the applicant later begins another proceeding in a court in which the applicant claims that the relevant person has died, the court in which the other proceeding is begun may order that the proceeding be stayed— (a) for a stated time; or (b) until a further order of the court; or (c) permanently. relevant person, in relation to the vesting in possession of a reversion, remainder or other interest in property, means the person on whose death the interest vests in possession or, if the vesting of the interest in possession happens on the deaths of 2 or more people, the last of them to die.

Ending life interests Division 2.2.3