215Presumption of death

215 Presumption of death (1) For the purposes of sections 216 and 217, a person: (a) whose death is not established; (b) who has been absent for a continuous period of 7 years during which he or she has not been heard from; and

Law of Property Act 2000 133 (c) whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead. (2) A will, trust, settlement, disposition, appointment or other instrument by which property devolves on the death of a person does not take effect unless a court of competent jurisdiction of the Commonwealth or a State or Territory has, on the basis of the criteria in subsection (1), made a finding that has the effect of presuming the person to be dead.