Section 6Part 3 — VARIATION ORDER
Persons who may apply for a variation order and consequences of return of missing person
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The following persons may apply to the Grand Court for a variation order, revoking or varying the effects of a presumption of death order —
a missing person in respect of whom a presumption of death order has been made; or
an applicant.
Subject to this section —
a variation order shall not have any effect on rights to, or in, any property acquired as a result of a presumption of death order; and
a variation order shall not revive a marriage that was brought to an end by virtue of a presumption of death order.
The Grand Court shall, when making a variation order, make such further order, if any, in relation to any rights to, or in, any property acquired as a result of a presumption of death order as it considers reasonable in all the circumstances.
Without prejudice to the generality of subsection (3) —
a variation order shall have no effect on any income accrued between the time of the making of a presumption of death order and the variation order; and
where a third party acquires rights to, or in, the property of the missing person, in good faith and for value, the missing person who has returned may not bring a claim for the property against the third party.
Subject to subsection (6) and except as otherwise required by subsection (2) —
where a variation order varies a presumption of death order, section 5 shall have effect in relation to the presumption of death order as varied by the variation order; and
where a variation order revokes a presumption of death order, section 5 shall cease to have effect in relation to the presumption of death order.
An applicant or the missing person who has returned may appeal to the Court of Appeal in accordance with the Rules of Court against a variation order within twenty-one days after the grant of the variation order or such longer period as may be provided by the Rules of Court and subsection (5) shall apply only if —
there has been no appeal against the variation order and the period for bringing an appeal has ended; or
there has been an appeal against the variation order and the appeal, and any further appeal, has been unsuccessful.
Notwithstanding section 5(2), where a presumption of death order has been made in respect of a missing person who was in a marriage that was subsisting at the time that the person went missing, the missing person or the person who was party to the marriage at the time that the missing person went missing may apply to the Grand Court for a declaration deeming the person to be a spouse for the purposes of the Matrimonial Causes Law (2005 Revision) in respect of whom a decree of divorce has been granted under that Law.
In making a declaration under subsection (7), the court may modify or restrict its effect in any way as, in its view, accords with the interests of justice.
A declaration under subsection (7) —
shall only apply from the date of any variation order granted under this section; and
shall not take effect until the time for making any appeal has ended or any appeal, or any further appeal, has been unsuccessful.
Other than in exceptional circumstances, an application for a declaration under subsection (7) shall be brought at the same time as an application for a variation order under subsection (1).
Other than in exceptional circumstances, an application for a variation order under subsection (1) cannot be made after the expiry of a period of seven years from the making of a presumption of death order.
For the purposes of subsection (6), an appeal has been unsuccessful if —
it has been dismissed or withdrawn; and
any period for bringing a further appeal has ended.