Legal successors of a deceased victim must inform IOM as soon as possible, and at the latest six months after the date of the victim's death in order to safeguard their rights.

IOM must apply relevant provisions of the German Foundation Act to receipt of this compensation. National inheritance law is not applicable.

If a slave or forced labour victim under GFLCP received a first instalment payment for the proper compensation category and subsequently died, the legal successors will not receive any payment.

The deadline to submit claims expired on 31 December 2001 and IOM does not accept any new claims.

1. Eligible legal successors of Nazi victims who filed a claim with the International Organization for Migration (IOM) under the German Forced Labour Compensation Programme (GFLCP) and who died on or after 16 February 1999 are requested to notify the Organization as soon as possible, but not later than six months after the date of a claimant's death. Legal successors who notified IOM of the death of a deceased victim after 15 May 2004 and more than six months after the victim's date of death are subject to strict application of the six-month notification of death deadline and are not eligible to receive compensation. Eligible legal successors should submit a copy of the death certificate and the coordinates of the legal successors to the following address: IOM Compensation Programmes, CP 71, CH-1211 Geneva 19, Switzerland (Fax No. +41-22-798 61 50). After IOM has been notified, the legal successor(s) will receive separate information by letter on the further procedures that have to be followed.

2. The German Foundation Act governs the distribution of compensation after a victim has died. It determines the following hierarchy of eligible legal successors:
1. A surviving spouse and children, in equal shares, OR
2. If the deceased left neither a spouse nor children, the grandchildren in equal shares, OR
3. If there are no grandchildren, the brothers and sisters of the deceased in equal shares, OR
4. If the deceased left neither spouse, children, grandchildren, brothers or sisters, the heirs named
in a will.

3. If a slave or forced labour victim received a first instalment payment for the proper compensation category and subsequently died, the legal successors will not receive a second instalment payment.

4. Legal successors of a former slave or forced labourer or personal injury victim who died before 16 February 1999 are not entitled to receive compensation under the German Foundation Act.

5. Due to a net funding shortfall, for which IOM is in no way responsible, eligible legal successors of former slave and forced labourers under GFLCP will not receive the same compensation amounts as victims but only approximately 40 percent of the victim's award. This award will be shared among all eligible legal successors.

6. Payments to eligible legal successors in slave and forced labour are scheduled to start in September 2005 and will continue until mid-2006.

7. According to the German Foundation Act, any funds that the seven partner organizations have not been able to pay out by the end of September 2006 must be returned to the German Foundation "Remembrance, Responsibility and Future". The programme will then be closed.

8. For further information eligible legal successors can contact the Compensation Programme Hotline by telephone at +41-22-5928230, by fax or letter to the above-mentioned address, or by e-mail to compensation@iom.int. Hotline business hours are Monday to Friday from 7.00am-7.00pm (English/French) and 9.00am-12.30am and 2.00pm-5.00pm (other languages).

To view the Frequently Asked Questions regarding heirs claims, click here

FREQUENTLY ASKED QUESTIONS

German Forced Labour Compensation Programme / Legal Successors

Legal successors of a deceased claimant must inform IOM as soon as possible, and at the latest six months after the date of the victim's death in order to safeguard their rights

1. Which legal successors are eligible under the German Foundation Act?

According to the German Foundation Act a surviving spouse and children are entitled to receive equal shares of any payment related to slave or forced labour or personal injury that would have been awarded to an eligible claimant who died on or after 16 February 1999. If the deceased was survived by neither a spouse nor children, his or her grandchildren are entitled to receive the compensation payment. If there are no living grandchildren, the brothers and sisters of the deceased will receive the payment. If there are no surviving eligible relatives, then the heirs named in a will are entitled to receive the compensation.

Legal successors can only receive a share of the compensation amount if they belong to any of the categories of legal successors according to the German Foundation Act, and if there are no legal successors in a higher category.

2. Which documents must be submitted by legal successors of an eligible claimant for slave or forced labour that have received the information package from IOM Geneva?

All eligible legal successors have to provide the following documents: a) proof of the legal successor's relationship to the victim; b) the duly signed and notarized waiver; and c) a declaration that the legal successors knows of no other eligible legal successors, including an indemnification of IOM against claims by any legal successor who may in future claim to have been eligible for payment. Furthermore, IOM needs proof of death of the victim (death certificate), but it is sufficient for one legal successor to provide this.

Though we realize that this is an additional burden, we kindly request legal successors to send in a copy of all documents, even if this had already been done. The reason is that we want to avoid the risk of missing out on one or more, given the number of documents received, the long time span in which documents were sent in, and the number of countries involved. It also is the best way to ensure that IOM has these documents, for without them the organization cannot make any payment. Please be aware that you should submit COPIES AND NOT ORIGINALS of the documents requested.

3. When is the deadline for submitting these documents?

The submission deadline is four weeks from the sending date (postmarked) of the heirs package. For example, when an heirs package is sent on 06 June 2004, the deadline is 04-July 2004. We request legal successors to submit ALL documents to IOM as soon as possible.

4. Do all legal successors have to submit all documents requested?

The death certificate is only needed once. But all other required documents have to be submitted by each eligible legal successor. Each legal successor can send in his/her documents separately.

5. Who can notarize the Waiver and the Declaration and Indemnification?

The same rules apply to the notarization of the legal successor documents as applied to the signature of the claim form (e.g. notary public, municipal officer, other public authority, victims' association, doctor of a bedridden legal successor, notary public). Notarizing the signature means that the person who sends in the document is the one who has signed it, in the presence of the person notarizing the signature. It does not mean that the notarizing person should confirm the status of a legal successor.

6. What is the address for the mailing of the documents requested?

The documents have to be sent to the following address:
IOM GFLCP (Heirs), CP 174, CH-1211 Geneva 19, Switzerland

7. Why does IOM need the signed Declaration and Indemnification?

This is a statement designed to protect IOM against future claims by heirs of whom IOM was not aware during claims processing, where other heirs have received the compensation for the claim. The first section requires the heir to declare that they know of no persons above them in the heirs hierarchy other than those already identified in the claim. If the heir does know of other heirs and can contact them, he/she should copy the package and send it to them for signature as well. The second and third sections are undertakings by the heir that, should an excluded heir come along later, after payment of the claim, the signatory heir will share the compensation with them and indemnify (protect) IOM against legal claims by these people. No amendments to this paragraph will be accepted.

8. Why are legal successors required to submit a waiver?

The waiver that legal successors are required to sign and submit is needed to protect the Federal Republic of Germany, German Federal States, and other German public institutions against any future claims in respect of slave labour, forced labour, or property losses.

9. What do I have to do if I know of other legal successors but do not know how to contact them?

If the legal successor knows of other legal successors who have not been identified in the IOM letter but does not know how to contact them, he/she should CLEARLY AND LEGIBLY amend the Declaration and Indemnification to reflect this (i.e. that he/she knows that other legal successors exist but does not know how to contact them). Only in this exceptional case an amendment of this paragraph will be accepted.

10. What can I do if I need further information?
For further information eligible legal successors can contact the Compensation Programme Hotline by telephone +41-22-5928230, by fax or letter to the above-mentioned address, or by e-mail to compensation@iom.int. Hotline business hours are Monday to Friday from 7.00am-7.00pm (English/French) and 9.00am-12.30am and 2.00pm-5.00pm (other languages).

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