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FAQ: Estate Claims

Estate Claims

What do I need to submit if I have just become the executor or executrix of the Estate of a deceased HCV Infected Person?

According to Section 3.05 of the Transfused Plan (Schedule A) and Section 3.04 of the Hemophiliac Plan (Schedule B), you must submit the following:

  • Proof that the death of the HCV Infected Person was caused by his or her infection with HCV;
  • Unless the required proof has already been previously delivered to the Administrator, one of the following:
  • A copy of the Medical Death Certificate or autopsy report of the HCV Infected Person, or the hospital discharge summary at the time of death of the HCV Infected Person;
  • An N2A form completed by the treating physician;
  • A complete TRAN 1 or HEMO 1 Form, which lists you as the HCV Personal Representative for the Claim;
  • As well as one of the following:
    • an original certificate of appointment of Estate Trustee; or
    • a grant of probate, or letters of administration; or
    • a notarial will (or copy thereof certified to be a true copy by a lawyer or notary); or
    • such other proof of the right of the claimant to act for the estate of the deceased as may be required by the Administrator.

What do I do if the deceased HCV Infected Person did not leave a Last Will?

According to Section 3.05(1)(c) of the Transfused Plan (Schedule A) and Section 3.04(1)(c) of the Hemophiliac Plan (Schedule B), when the deceased HCV Infected Person did not leave a Last Will, the person wishing to act as the HCV Personal Representative must obtain documentation supporting a formal appointment for he or she to act on behalf of the Estate of the deceased.

This formal appointment is most often called "Letters Of Administration. In Ontario, the appointment is referred to as " Certificate of Appointment of Estate Trustee without a Will". In Québec, they are called "Letters of Verification." "Letters of Administration" provide that a friend or family member has the legal authority to settle any Claims that the Estate may have outstanding.

Why is it necessary for a Family Member to submit a long form Birth Certificate, rather than a regular Birth Certificate?

A long form Birth Certificate includes the names of parents, which are not shown on a regular Birth Certificate. This information helps Family Members establish the proof of relationship required in Section 3.07 of Transfused Plan (Schedule A) and Hemophiliac Plan (Schedule B).

Who can sign Claim forms on behalf of a minor or a mentally incompetent adult Claimant?

In order to sign Claim Forms, the person signing must have guardianship over the minor or mentally incompetent person.

A Parent automatically has guardianship over the person who is a minor child. A Parent can therefore sign all Claim Forms on behalf of a minor HCV Infected Person.

The Court appointed Guardian must sign all Claim Forms on behalf of a HCV Infected adult who is mentally incompetent.

Who can sign a Full and Final Release on behalf of a minor or mentally incompetent adult Claimant?

Section 9.01 of Transfused Plan (Schedule A) and Hemophiliac Plan (Schedule B) provide that a Personal Representative can sign the Release on behalf of the HCV Infected minor or mentally incompetent HCV Infected Person.

In the case of an HCV Infected Person who is a minor residing in Québec, the signatures of both Parents are required, even if the couple is separated or divorced. Compensation payments will be made by cheque payable to both Parents.

How are funds allocated to Family Members, when a Claim involves minors or mentally incompetent adults?

  1. Compensation Under Article 6.02 of the Transfused Plan (Schedule A) and the Hemophiliac Plan (Schedule B) - Fixed Payments to Children $15,000 or $5,000 or Grandchildren $500

    In the absence of a Court order giving the parent or other adult guardianship over the property of the HCV Infected minor or mentally incompetent adult, this type of compensation will be paid by cheque payable to the Public Trustee of the province where the minor or mentally incompetent adult resides.
  2. Compensation Under Article 5.01(2) of the Transfused Plan (Schedule A) and Article 5.01(2) or 5.01(4) of the Hemophiliac Plan (Schedule B) - Lump Sum Payments of $120,000 or $72,000 to be shared between the Estate, Family Members and Dependants

    In cases involving minors or mentally incompetent adults, the allocation of the $120,000 or $72,000 will be done by the Administrator in accordance with the Court Approved Protocol.

    In the absence of a Court order giving the parent or other adult guardianship over the property of the HCV Infected minor or mentally incompetent adult, this type of compensation will be paid by cheque payable to the Public Trustee of the province where the minor resides.

    It is important to note that in all cases involving minors or mentally incompetent adults, the allocation of the $120,000 or $72,000, as determined by the family, will be reviewed by Fund Counsel and furthermore must be approved by the Court. The review and approval is necessary in order to ensure that the amount allocated to the minor or mentally incompetent adult is fair and reasonable.
  3. Compensation Under Section 6.01of the Transfused Plan (Schedule A) and the Hemophiliac Plan (Schedule B) - Loss of Support or Loss of Services Payable to Surviving Dependants of the Deceased HCV Infected Person

    In order to protect the interests of the minor or mentally incompetent adult who are Approved Dependants, a Court Approved Protocol Claims Where One or More of the Dependants is a Minor or Mentally Incompetent Adult has been developed to allocate the compensation payable to such Dependants.

    The Administrator will take the following steps:
    1. Calculate the total compensation payable for loss of support or loss of services; AND
    2. Determine how many Approved Dependants exist. The total amount payable will have to be shared between every Approved Dependant; AND
    3. Calculate the amount "owing" to each Dependant based on the allocation formula included in the above mentioned Protocol; AND
    4. Prepare a summary page where the allocations are listed for each Approved Dependant and mail the summary sheet to the person who initiated the Claim for loss of support or loss of services.

    It is important to note that in all cases where one or more of the Dependants are minors, an Undertaking Form will have to be completed by the adult having care and control of the minor(s).

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