The Shocking Truth About Wrongful Death - Part 8

Relatives Are Beneficiaries

Under the law, wrongful death suits are brought in the name of the executor of the decedent's estate in the name of various beneficiaries.  A beneficiary is someone who is entitled to financial compensation should the case be proven.

In Newfoundland and Labrador, the beneficiaries are relatives of the decedents, such as the decedent's surviving spouse, children, parents, and siblings. 

The court determines how a settlement or award is to be distributed among the potential beneficiaries based on the relationship to the decedent and the degree of loss to the beneficiary.  For instance, if the decedent was the breadwinner in the family, the surviving spouse and children would be given more money than a sibling of the decedent.

If all the beneficiaries are at the same level in the law's eyes - for instance a group of siblings - they can decide among themselves how to divide up the money and ask the court for approval.

Beneficiaries under 19 years old are treated differently by the court in order to protect their interests.  The court typically orders that the money be held in trust by the Public Trustee until the beneficiary turns 19.