Can a missing beneficiary be legally presumed dead so the estate can be distributed in Ontario?

Yes, in appropriate circumstances - Ontario courts can, on application, make an order declaring a long-missing person legally dead after a period of genuinely unexplained absence and a real search for them, and that kind of order can then support distributing an estate as though the missing beneficiary had predeceased. In other cases, a court may instead authorize distribution to proceed without going as far as a formal death declaration, depending on the evidence and what's practical.

Getting to this point is not automatic or quick. The court will want to see clear evidence of the search that was done, such as family inquiries, records checks, and possibly a professional genealogical or tracing effort, along with an honest account of how long the person has been unaccounted for. There's no fixed waiting period that applies to every case; it depends on the circumstances and the strength of the evidence presented.

Because this is a court application, not a form an executor files alone, legal advice is essential to figure out whether a death declaration, a straightforward distribution order, or another protective measure like a holdback is the right approach for the specific facts.