DAOD 7011-1, Responsibilities for Service Estates and Personal Belongings
Identification
Date of Issue: 2007-11-21
Application: This DAOD is an order that applies to officers and non-commissioned CF members of the Canadian Forces ("CF members").
Supersession: CFAO 25-1, Service Estates and Personal Belongings
Approval Authority: Judge Advocate General (JAG)
Enquiries: JAG/Director of Estates or the nearest JAG representative
Definitions
- personal belongings (effets personnels)
- has the same meaning as prescribed in QR&O article 25.16, Committee of Adjustments to Deal with Personal Belongings.
- service estate (succession militaire)
- has the same meaning as prescribed in subsection 42(2) of the National Defence Act.
Note - Refer carefully to these definitions when reading this DAOD.
Responsibilities on the Death of a CF Member
Commanding Officer
When a CF member dies, the commanding officer (CO) shall:
- take immediate action as required to ensure that all personal or movable property forming part of the service estate that is found on the deceased's person or in quarters or otherwise in the care or custody of the CF is collected and safeguarded;
- not take the above action in respect of any personal or movable property located in family living accommodation or already in the care or custody of the next of kin (NOK), executor or liquidator of the succession unless, in the opinion of the Director of Estates at National Defence Headquarters (NDHQ), the circumstances make such action necessary for its safekeeping;
- appoint a Committee of Adjustment (COA) within 48 hours of the death;
- ensure that the Records Support Unit (URS) promptly forwards to the Director of Estates, any will or will certificate held in custody for the deceased or, if no will or will certificate is held, a statement to that effect;
- advise the Director of Estates of the name and telephone number of the assisting officer designated to assist the next of kin (NOK), executor or liquidator of the succession; and
- report any deviation from this DAOD promptly to the Director of Estates.
The executor or liquidator of the succession named in a will is, subject to provincial law, entitled to the custody of the remains. The executor or liquidator of the succession is not necessarily the deceased's NOK. For the meaning of NOK, see the Context block in DAOD 7011-0, Service Estates and Personal Belongings.
CBI 210.20, Funeral and Burial, sets out funeral-related entitlements in respect of a deceased CF member.
Director Casualty Support Management 2
On receipt of a report of the death of a CF member, NDHQ/Director Casualty Support Management (DCSM) 2 shall forward a casualty notification to the Director of Estates containing the following information:
-
service number (SN), rank, full name and unit of the deceased CF member;
-
the CF component in which the CF member was serving;
-
date of birth;
-
marital status;
-
NOK (primary and secondary), including complete residential address;
-
date of enrolment; and
-
place, date and cause of death.
COA
The COA shall take appropriate action as set out in the Committee of Adjustment map.
Responsibilities when a CF Member is Reported Missing
CO
If a CF member is reported missing, the CO shall:
-
take immediate action as required to ensure that all personal belongings of the CF member found in quarters or otherwise in the care or custody of the CF are collected and safeguarded;
-
not take the above action in respect of any personal belongings located in family living accommodation or already in the care or custody of the NOK unless, in the opinion of the Director of Estates, the circumstances make such action necessary for their safekeeping;
-
appoint a COA immediately after a CF member has been missing for 15 days; and
-
ensure that the URS forwards promptly to the Director of Estates any will or will certificate held in custody for the CF member or, if no will or will certificate is held, a statement to that effect.
DCSM 2
On receipt of a report that a CF member is missing, DCSM 2 shall forward a casualty notification to the Director of Estates. The casualty notification shall contain information regarding the CF member's disappearance and other applicable information as set out in the Director Casualty Support Administration 2 block in the Responsibilities on the Death of a CF Member map.
COA
The COA shall take appropriate action as set out in the Committee of Adjustment map.
Responsibilities when a CF Member is Released with Unsound Mind
CO
If a CF member is released with unsound mind, the CO shall:
-
take immediate action as required to ensure that all personal belongings of the CF member found in quarters or otherwise in the care or custody of the CF are collected and safeguarded;
-
not take the above action in respect of any personal belongings located in family living accommodation or already in the care or custody of the NOK unless, in the opinion of the Director of Estates, the circumstances make such action necessary for their safekeeping; and
-
appoint a COA within 48 hours of the CF member being released.
COA
The COA shall take appropriate action as set out in the Committee of Adjustment map.
Committee of Adjustment
Composition
A COA shall consist of an officer as president and two other CF members who should normally be officers. The president should normally be of the rank of major or above and shall not be below the rank of captain.
If there is a shortage of qualified personnel to be appointed to a COA, the CO shall:
-
request direction from higher authority who may make other officers available; or
-
with the concurrence of the Director of Estates, direct that the COA be constituted with less than three CF members.
The COA should include an accounting officer and may include as members, other than the president, non-commissioned members of the rank of warrant officer or above if sufficient officers are not available.
The COA shall consist of only the CO if:
-
the CF member died on retirement leave;
-
a clearance certificate was issued;
-
the CF member's pay account is free of preferential charges; and
-
the CF member left no personal or movable property at the unit.
The CO shall sign and forward to the Director of Estates a statement identifying these circumstances.
Responsibilities
Immediately upon being appointed, the president of the COA shall assemble the committee. The COA shall:
-
familiarize itself with QR&O Chapter 25, Service Estates and Personal Belongings and this DAOD;
-
collect and safeguard:
-
in the case of a deceased CF member, all cash, public clothing, material and other personal or movable property forming part of the service estate in the possession of the deceased, i.e. found on the CF member's person, in quarters or otherwise in the care or custody of the CF; and
-
in the case of a CF member reported missing or released with unsound mind, all personal belongings of the CF member located in quarters or otherwise in the care or custody of the CF;
-
-
not take the above action in the case of the death in respect of any property located in family living accommodation or already in the care or custody of the NOK, executor or liquidator of the succession, unless, in the opinion of the Director of Estates, the circumstances make such action necessary for its safekeeping; and
-
carry out its duties promptly.
COA Action
COA action in respect of the parts of the service estate of a deceased CF member or the personal belongings of a CF member reported missing or released with unsound mind is as follows:
In respect of the CF member's | the COA shall … |
---|---|
cash |
|
public clothing, equipment and other materiel |
|
claims and accountable advances |
|
identification cards |
|
identity discs |
|
passports |
|
other personal or movable property |
|
preferential charges |
|
will |
|
expenses for last illness and funeral |
Note - The accounts for last illness and funeral shall not be included in the minutes of the COA and completion of the minutes shall not be delayed pending their receipt. |
Claims Against the Service Estate or the CF Member
The COA shall:
-
advise any civilian creditor who makes a claim against the service estate or the CF member to write to the Director of Estates;
-
not report any claim against the service estate or the CF member in the minutes of proceedings of the COA; and
-
take no action to liquidate a charge out of the assets of the service estate.
Clearance Certificate
Following completion of the above actions, the COA shall:
-
have the appropriate clearance certificate completed for the CF member;
-
pass it to the appropriate accounting officer; and
-
include a copy of the clearance certificate as an exhibit to the minutes of the COA.
Minutes of Proceedings of COA
Following completion of the clearance certificate, the COA shall:
-
prepare in duplicate and sign the minutes of the proceedings in DAOD Form 7011-1A, Minutes of Proceedings of Committee of Adjustment;
-
forward the original of the minutes together with exhibits to the Director of Estates;
-
retain the duplicate, together with exhibits on the unit file; and
-
in the case of a CF member released with unsound mind, forward two copies of the proceedings to DMCA 4.
If the minutes are not completed and forwarded within 14 days after the death of the CF member, the reporting of the CF member as missing or the release of the CF member with unsound mind, the COA shall inform the Director of Estates, stating the reason for the delay and the expected date that the minutes will be forwarded.
Disposal of Property
After forwarding the minutes of proceedings to the Director of Estates, the COA shall:
Step | Action |
---|---|
1 |
Retain the personal or movable property forming part of the service estate in relation to a deceased person, or the personal belongings of a CF member reported missing, in safe custody at the unit until the Director of Estates issues disposal instructions. In the case of a CF member released with unsound mind, forward the CF member's personal belongings to the NOK identified on Form CF 742, Personal Emergency Notification. If the NOK is unknown or cannot be located, contact DCSA who shall liaise with Veterans Affairs Canada as required to determine the disposition of the personal belongings. |
2 |
Ensure that property is properly prepared for shipment, in particular, that:
|
3 |
Dispose of the property as instructed by the Director of Estates by:
|
4 |
Forward a letter separately to the person to whom the property is to be shipped:
|
5 |
Inform the Director of Estates when the shipment has been made, stating:
|
References
Source References
- QR&O Chapter 25, Service Estates and Personal Belongings
- DAOD 7011-0, Service Estates and Personal Belongings
Related References
- Civil Code of Quebec
- CBI 210.20, Funeral and Burial
- DAOD 7012-0, Wills
- DAOD 7012-1, Preparation and Administration of Wills
- DAOD Form 7011-1A, Minutes of Proceedings of Committee of Adjustment
- DAOD Form 7012-1A, Will
- DAOD Form 7012-1B, Affidavit of Execution of Will
- DAOD Form 7012-1C, Will Certificate
- Form DND 432, Accountable Advances of Public Funds
- Form DND 728, Document Transit and Receipt
- Form CF 742, Personal Emergency Notification