Commentary on Sections Section 4: Other powers of court making declaration
22.Section 4 enables the court making a declaration of presumed death to decide, when doing so, the domicile of the missing person (see subsection (1)(b) and section 1 above) at the time of presumed death, and any question relating to an interest in property arising as a result of the declaration (subsection (1)(a)); and also to make any order it considers reasonable in relation to any interest in property acquired as a result of the declaration (subsection (2)). Subsection (3) provides that in making an order under subsection (2) the court may specify (subject to conditions or generally (subsection (4)) that the value of an asset acquired as a result of the declaration cannot in due course be recovered under an order made by the court when varying or revoking a declaration (see sections 5 and 7(2)).
23.The term “interest in property” is defined in section 20(1) to be an interest in property of any description, including a freehold or leasehold estate in land and a right over property. The term “an interest” is not specifically defined but refers to a right of ownership of some kind over the whole or part of the property in question.