The court may appoint a curator bonis to administer a missing person’s affairs without pronouncing a presumption of death.

If a common-law presumption of death is expressed, the result is that it automatically dissolves the marriage of the surviving spouse.

Once the court has pronounced a presumption of death it means that there is an irrebuttable presumption that the person is dead.

A statutory presumption of death can only be recorded if the judicial officer is certain on a preponderance of probabilities that the person is dead.