In cases where a Day Scholar has died and does not have an Estate executor/ liquidator/ trustee, there is a process that allows the highest priority heir to apply for compensation on behalf of the deceased day scholar. Where there is not an Estate executor/ liquidator/ trustee established, the highest priority heir becomes the representative who can seek compensation on behalf of a loved one who passed away on or after May 30, 2005.
The highest priority heir is identified using the chart below. This priority is consistent with estate law generally and is the same as the priority that is set out in the Indian Act.
The chart is as follows (from highest to lowest priority):
- surviving spouse;
- common-law partner or defacto partner;
- siblings; and
- children of siblings