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Home » Representative for someone who has passed away

Submitting a Claim for someone who has passed away

In certain circumstances, a Representative can submit a Claim for someone who has passed away.

Who can be the Representative for a Deceased Claimant?

There are two types of Representatives for a Claimant who has died. The type of Representative who can submit a Claim for a deceased person varies by Class and specific circumstances of the Claimant.

The Representative must be either:

  • An individual who is legally appointed, by way of a Grant of Authority (such as a will), to represent the estate of the Deceased Claimant (called an Estate Representative); or
  • A living heir (family member) of the Deceased Claimant (called an Heir Representative). Only certain heirs are eligible to submit a Claim, depending on the Class and circumstances of the Claimant

Connect with a Claims Helper

Claims Helpers can help you complete your Claim Form, learn how to obtain identification and share information about cultural, community, or wellness resources and supports.

For this free support, you can call 1‑833‑852‑0755 (toll-free) between 8 a.m. ET and 8 p.m. ET, Monday to Friday (excluding statutory holidays). Choose your language and press 2 to speak with a Claims Helper.

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Eligibility

The Claims Period for the Removed Child Class and Removed Child Family Class opened on March 10, 2025. If the deceased person you represent is a part of these Classes, you can now submit a Claim for compensation. If they are part of both Classes, a separate Claim Form must be submitted for each Class.

Use the Eligibility Information Tool to learn more about the eligibility requirements of the Removed Child Class and Removed Child Family Class →

Find the Claim Forms, walk through guides and videos, and access the online Claims Portal →

Both you (the Representative) and the Claimant must fulfil the eligibility requirements to submit a Claim. If you are not certain whether you or the Claimant are eligible, contact the Administrator toll-free at 1-833-852-0755 for support.

Supporting documentation

As a Representative of a Deceased Claimant, you will need to provide copies of supporting documentation with the Claim Form. Required documentation depends on the type of Representative you are, as well as the Class and circumstances of the Claimant.

All Representatives of Deceased Claimants must provide:

  • All documentation required for the Claimant as described in the Claim Form
  • Your own valid government-issued identification (ID)
  • Documentation showing the Claimant’s date of death (acceptable documents include a death certificate, statement of death or burial certificate)

Representatives of Deceased Caregiving Parents or Caregiving Grandparents, if applicable*, must provide:

  • Proof of relationship between the Claimant and the associated Removed Child, such as:
    • A long-form birth certificate
    • Adoption papers of the Removed Child
    • Marriage documents or evidence of common-law relationship (for First Nations Stepparents only)

    *These documents are only applicable if the Claimant is not First Nations or does not have a biological relationship to the Child.

Estate Representatives of Deceased Claimants must provide:

Heir Representatives, if applicable**, must provide:

  • Proof of your relationship to the Claimant, such as:
    • A long-form birth certificate
    • Adoption papers of the Removed Child
    • Marriage documents or evidence of common-law relationship (for First Nations Stepparents only)

    **These documents are only applicable if you are not First Nations or do not have a biological relationship to the Claimant.

Learn more about proof of representation and how to get a Grant of Authority →

Learn more about proof of relationship documentation →

Receiving compensation

Who is eligible to receive compensation for a Deceased Claimant and when compensation payments will be issued, varies depending on the Class and specific circumstances of the deceased person, as well as the type of Representative. In some situations, who is eligible to receive compensation may not be the Representative who submits the Claim.

Deceased Removed Child

  1. If a Grant of Authority is in place, any compensation will be made payable to “the estate of” the eligible Deceased Removed Child and sent to the attention of the Estate Representative.
    • The estate of an eligible Deceased Removed Child who was placed off reserve and was in care any time between January 1, 2006, and March 31, 2022 (CHRT Period), will receive Base Compensation and may be eligible for additional payments.
    • The estate of an eligible Deceased Removed Child who was no longer in care after January 1, 2006, may receive compensation. For these Claims, the Administrator will issue a letter with more information about compensation amounts and timeframes. This step is necessary because it may not be known right away whether compensation will be available or the amount that these Claimants may receive.
  2. If there is no Grant of Authority in place, the highest priority living relative (heir) of the Deceased Removed Child may receive compensation.
    • In these cases, payment will be issued to the heirs in the following order of priority:
      1. The Deceased Claimant’s living spouse (married or common-law) receives the full compensation amount.
      2. If there is no living spouse, compensation will be divided equally among living children.
      3. If there are no living children, compensation will be divided equally among living grandchildren.
      4. If there are no living grandchildren, compensation will be divided equally among living parents.
      5. If there are no living parents, compensation will be divided equally among living siblings.
      6. If there are no living siblings, compensation will be divided equally among living grandparents.
    • Claims where no Grant of Authority is in place will be processed after the Ultimate Claims Deadline. This ensures that all potential heirs have had equal opportunity to submit a Claim, and the Administrator is able to identify the highest priority heir.

Learn more about compensation for the Removed Child Class →

Learn more about compensation for the Removed Child Family Class →

Deceased Caregiving Parent or Caregiving Grandparent of a Removed Child

Two types of Deceased Caregiving Parents or Caregiving Grandparents may be eligible for compensation:

  1. TYPE A: If the deceased person submitted a Claim Form before they passed away and prior to the Claims Deadline (March 10, 2028), compensation may go to either:
    • The estate of the Deceased Caregiving Parent or Caregiving Grandparent, if a Grant of Authority was in place, or
    • A living heir of the Deceased Caregiving Parent or Caregiving Grandparent, if no Grant of Authority was in place. In these cases, payment will be issued to heirs in the following order of priority:
      1. The Deceased Claimant’s living spouse (married or common-law) receives the full compensation amount.
      2. If there is no living spouse, compensation will be divided equally among living children.
      3. If there are no living children, compensation will be divided equally among living grandchildren.
      4. If there are no living grandchildren, compensation will be divided equally among living parents.
      5. If there are no living parents, compensation will be divided equally among living siblings.
      6. If there are no living siblings, compensation will be divided equally among living grandparents.

    Unless they qualify under TYPE B below.

  2. TYPE B: If the deceased Caregiving Parent or Caregiving Grandparent had an eligible Removed Child who was:
    • Placed off reserve with non-family members; and
    • In care any time between January 1, 2006, and March 31, 2022 (CHRT Period); then

    Compensation would be divided among the living children of Deceased Caregiving Parents or the living grandchildren of Deceased Caregiving Grandparents

Note: even if a Grant of Authority is in place for this type of Claim, compensation would go to the children/grandchildren of the Deceased Claimant and not to their estate.

A Claim is not eligible for compensation if the deceased person passed away before submitting a Claim Form and did not have a Removed Child who was placed off reserve with non-family and who was in care any time between January 1, 2006, and March 31, 2022 (CHRT Period).

Learn more about compensation for the Removed Child Class →

Learn more about compensation for the Removed Child Family Class →

More information

Federal and provincial/territorial government offices provide estate services for First Nations, such as:

  • Approving wills so they can take effect
  • Appointing Estate Executors or Administrators if needed
  • Serving as Estate Administrator if no one is willing or able to settle the estate
  • Other services related the deceased person’s estate

If the deceased person you represent lived on reserve, contact Indigenous Services Canada / Crown-Indigenous Relations and Northern Affairs Canada (ISC/CIRNAC) by email at estates-successions@sac-isc.gc.ca or call your local ISC Regional Office.

If the deceased person you represent lived off reserve, contact the Vital Statistics office of their province or territory for support with their estate.

Visit Estate Services for First Nations on the ISC website to learn more.

Submission timelines

The deadline to submit a Claim for a Deceased Claimant in the Removed Child Class and the Removed Child Family Class is March 10, 2028.

If the Claimant passed away after March 10, 2025, while under the Age of Majority, you have three years from their date of death to submit the Claim.

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