Death and Taxes (Legal Information for Indigenous People) - Revision history

Desy Wahyuni: /* Off reserve */

2023-03-30T23:54:09Z

Off reserve

← Older revision		Revision as of 23:54, 30 March 2023
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	===Off reserve===		===Off reserve===

	The law for writing wills is the Provincial legislation ''Wills and Estates Succession Act (WESA)''~~. There is an online template at MyLawBC that can help you make a simple will that says what you want to happen after you die: [https://mylawbc.com/pathways/make-a-will mylawbc.com]~~.		The law for writing wills is the Provincial legislation ''Wills and Estates Succession Act (WESA)''.

	For Legal Advice about Wills, call Access Pro Bono Justice to schedule a free 1/2 hour phone appointment with a lawyer 1-877-762-6664.		For Legal Advice about Wills, call Access Pro Bono Justice to schedule a free 1/2 hour phone appointment with a lawyer 1-877-762-6664.

Desy Wahyuni at 00:29, 25 March 2023

2023-03-25T00:29:10Z

Desy Wahyuni at 22:02, 13 March 2023

2023-03-13T22:02:38Z

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-{{Ambox
+{{Legal Information for Indigenous People TOC}}
 ==Wills==
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 For information on when GST does and does not apply for you and whether you have been incorrectly charged GST, visit the "GST and "Indigenous Peoples" page on the government of Canada’s website.

Desy Wahyuni: /* Representation Agreements */

2023-03-06T19:50:46Z

Representation Agreements

← Older revision		Revision as of 19:50, 6 March 2023
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	* A Representation Agreement under section 9 (RA9) covers the most health and personal care matters, up to and including decisions to refuse consent to life-supporting health care.		* A Representation Agreement under section 9 (RA9) covers the most health and personal care matters, up to and including decisions to refuse consent to life-supporting health care.
	* A Representation Agreement under section 7 (R7) can include some or all of the following standard powers: minor and major health care, personal care, routine financial, and legal matters (but not dealing with off-reserve property).		* A Representation Agreement under section 7 (R7) can include some or all of the following standard powers: minor and major health care, personal care, routine financial, and legal matters (but not dealing with off-reserve property).


	The Representation Agreement Act introduced a new definition of mental capability for Representation Agreements made under section 7. This is for adults who may have problems with understanding and need help because of a disability from birth or advanced dementia or other condition. This makes BC a leader in accessibility and inclusiveness.		The Representation Agreement Act introduced a new definition of mental capability for Representation Agreements made under section 7. This is for adults who may have problems with understanding and need help because of a disability from birth or advanced dementia or other condition. This makes BC a leader in accessibility and inclusiveness.

Desy Wahyuni: /* Representation Agreements */

2023-03-06T19:47:28Z

Representation Agreements

← Older revision		Revision as of 19:47, 6 March 2023
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	A Representation Agreement is a legal planning document under the BC Representation Agreement Act. A Representation Agreement is a way you, as an adult, can name people to help you make decisions or make decisions on your behalf if your mental capacity comes into question. Spouses or parents of adult children do not have automatic legal authority to speak for you or “act on your behalf.		A Representation Agreement is a legal planning document under the BC Representation Agreement Act. A Representation Agreement is a way you, as an adult, can name people to help you make decisions or make decisions on your behalf if your mental capacity comes into question. Spouses or parents of adult children do not have automatic legal authority to speak for you or “act on your behalf.

	What if you are ill, injured or have a disability? Your mental capability to understand may be questioned if you have a stroke or a bad fall or if you become seriously ill. An adult with a disability from birth or with advanced dementia may have problems to understand and may need help making decisions and managing their affairs.		:'''Note:''' What if you are ill, injured or have a disability? Your mental capability to understand may be questioned if you have a stroke or a bad fall or if you become seriously ill. An adult with a disability from birth or with advanced dementia may have problems to understand and may need help making decisions and managing their affairs.

	You may need help with your finances – like paying bills or applying for benefits. You may need help with health care decisions like understanding the risks and benefits of surgery.		:'''Note:''' You may need help with your finances – like paying bills or applying for benefits. You may need help with health care decisions like understanding the risks and benefits of surgery.

	What legal document(s) are available in BC?		What legal document(s) are available in BC?

Desy Wahyuni at 19:45, 6 March 2023

2023-03-06T19:45:33Z

← Older revision		Revision as of 19:45, 6 March 2023
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	==Wills==		==Wills==

	On reserve~~: to be valid, a will under the Indian Act must:~~		===On reserve===

			To be valid, a will under the Indian Act must:
	# Be in writing (*audio/video wills/oral instructions are not accepted)		# Be in writing (*audio/video wills/oral instructions are not accepted)
	# Be signed by the will-maker		# Be signed by the will-maker
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	* 16 and older		* 16 and older
	* Free from pressure or influence		* Free from pressure or influence


	In addition to these requirements, it is important to include the following in your will:		In addition to these requirements, it is important to include the following in your will:

	* Name executor and alternate to manage your estate		* Name executor and alternate to manage your estate
	* Who you want to care for your children		* Who you want to care for your children
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	Indigenous people on reserve can leave their home to people who are members of their band or entitled to be, as long as the house is located on a Certificate of Possession lot (“CP”). A CMHC house cannot be given away in a will. Check with your Band’s housing department to find out what happens to a CMHC house or Custom allotment in the event you pass away.		Indigenous people on reserve can leave their home to people who are members of their band or entitled to be, as long as the house is located on a Certificate of Possession lot (“CP”). A CMHC house cannot be given away in a will. Check with your Band’s housing department to find out what happens to a CMHC house or Custom allotment in the event you pass away.

	Off reserve ~~the~~ law for writing wills is the Provincial legislation Wills and Estates Succession Act (WESA). There is an online template at MyLawBC that can help you make a simple will that says what you want to happen after you die: https://mylawbc.com/pathways/make-a-will.		===Off reserve===

			The law for writing wills is the Provincial legislation Wills and Estates Succession Act (WESA). There is an online template at MyLawBC that can help you make a simple will that says what you want to happen after you die: https://mylawbc.com/pathways/make-a-will.

	For Legal Advice about Wills, call Access Pro Bono Justice to schedule a free 1/2 hour phone appointment with a lawyer 1-877-762-6664.		For Legal Advice about Wills, call Access Pro Bono Justice to schedule a free 1/2 hour phone appointment with a lawyer 1-877-762-6664.
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	If there is no will, then the family (and ISC) will appoint an Administrator. ISC will send the Administrator a certificate showing their appointment.		If there is no will, then the family (and ISC) will appoint an Administrator. ISC will send the Administrator a certificate showing their appointment.

	~~[Insert text box here]~~		For a step by step description of what needs to be done see “Estate Administration On Reserve.” Available at https://aboriginal.legalaid.bc.ca/ or Contact ISC Estates offices T: 1.888.917.9977 or general email BCEstates@sac-isc.gc.ca.

	Executors and family members are Not liable for the debts of the deceased. The Executor’s role will be to pay bills from money in the Estate before any beneficiaries are paid. If no money, then no bills get paid.		Executors and family members are Not liable for the debts of the deceased. The Executor’s role will be to pay bills from money in the Estate before any beneficiaries are paid. If no money, then no bills get paid.


	If your common law partner or spouse has passed and you are wondering how your home on reserve is effected, the Family Homes on Reserve and Matrimonial Interests or Rights Act will likely apply. If so, you:		If your common law partner or spouse has passed and you are wondering how your home on reserve is effected, the Family Homes on Reserve and Matrimonial Interests or Rights Act will likely apply. If so, you:
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	* can apply under the Act for exclusive occupation of the home beyond the 180 days (depends on situation)		* can apply under the Act for exclusive occupation of the home beyond the 180 days (depends on situation)
	* may apply within 10 months of the death for a court order to determine entitlement		* may apply within 10 months of the death for a court order to determine entitlement


	If you are entitled to this right or interest, note that you will not also be able to receive an amount under the will for the same property.		If you are entitled to this right or interest, note that you will not also be able to receive an amount under the will for the same property.

Desy Wahyuni: Undo revision 55564 by Desy Wahyuni (talk)

2023-03-06T19:42:10Z

Undo revision 55564 by Desy Wahyuni (talk)

← Older revision		Revision as of 19:42, 6 March 2023
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	}}		}}

	==Wills~~: on and off reserve~~==		==Wills==

	On reserve: to be valid, a will under the Indian Act must:		On reserve: to be valid, a will under the Indian Act must:
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	* 16 and older		* 16 and older
	* Free from pressure or influence		* Free from pressure or influence


	In addition to these requirements, it is important to include the following in your will:		In addition to these requirements, it is important to include the following in your will:

Desy Wahyuni: /* Wills */

2023-03-06T19:41:18Z

Wills

← Older revision		Revision as of 19:41, 6 March 2023
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	}}		}}

	==Wills==		==Wills: on and off reserve==

	On reserve: to be valid, a will under the Indian Act must:		On reserve: to be valid, a will under the Indian Act must:
Line 22:		Line 22:
	* 16 and older		* 16 and older
	* Free from pressure or influence		* Free from pressure or influence


	In addition to these requirements, it is important to include the following in your will:		In addition to these requirements, it is important to include the following in your will:

Desy Wahyuni: /* Taxation */

2023-02-22T01:23:50Z

Taxation

← Older revision		Revision as of 01:23, 22 February 2023
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	For information about Business income earned on reserve, call Canada Revenue Agency to confirm 1-800-959-5525 and get legal advice.		For information about Business income earned on reserve, call Canada Revenue Agency to confirm 1-800-959-5525 and get legal advice.

	====Goods and Services Tax (GST)====		===Goods and Services Tax (GST)===

	Generally, people with Status do not pay GST on:		Generally, people with Status do not pay GST on:

Desy Wahyuni at 01:23, 22 February 2023

2023-02-22T01:23:36Z

← Older revision		Revision as of 01:23, 22 February 2023
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	}}		}}

	===Wills===		==Wills==

	On reserve: to be valid, a will under the Indian Act must:		On reserve: to be valid, a will under the Indian Act must:
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	For Legal Advice about Wills, call Access Pro Bono Justice to schedule a free 1/2 hour phone appointment with a lawyer 1-877-762-6664.		For Legal Advice about Wills, call Access Pro Bono Justice to schedule a free 1/2 hour phone appointment with a lawyer 1-877-762-6664.

	===Estates===		==Estates==

	An Estate is all of the money and property (and debts) left after someone dies. Estates fall under federal jurisdiction with Indigenous Services Canada (ISC) when someone passes away who is “ordinarily resident” on reserve (meaning if they were living away from the reserve, it was only for school, medical etc.).		An Estate is all of the money and property (and debts) left after someone dies. Estates fall under federal jurisdiction with Indigenous Services Canada (ISC) when someone passes away who is “ordinarily resident” on reserve (meaning if they were living away from the reserve, it was only for school, medical etc.).
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	https://peopleslawschool.ca/publications/wills-and-estates-collection		https://peopleslawschool.ca/publications/wills-and-estates-collection

	===Representation Agreements===		==Representation Agreements==

	A Representation Agreement is a legal planning document under the BC Representation Agreement Act. A Representation Agreement is a way you, as an adult, can name people to help you make decisions or make decisions on your behalf if your mental capacity comes into question. Spouses or parents of adult children do not have automatic legal authority to speak for you or “act on your behalf.		A Representation Agreement is a legal planning document under the BC Representation Agreement Act. A Representation Agreement is a way you, as an adult, can name people to help you make decisions or make decisions on your behalf if your mental capacity comes into question. Spouses or parents of adult children do not have automatic legal authority to speak for you or “act on your behalf.
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	Contact https://nidus.ca with any questions or concerns or contact a legal advocate for direct help accessing more information at info@nidus.ca.		Contact https://nidus.ca with any questions or concerns or contact a legal advocate for direct help accessing more information at info@nidus.ca.

	===Taxation===		==Taxation==

	Indigenous peoples are subject to the same tax rules as any other resident in Canada unless their income is eligible for the tax exemption under section 87 of the Indian Act.		Indigenous peoples are subject to the same tax rules as any other resident in Canada unless their income is eligible for the tax exemption under section 87 of the Indian Act.

← Older revision		Revision as of 00:29, 25 March 2023
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	===On reserve===		===On reserve===

	To be valid, a will under the Indian Act must:		To be valid, a will under the ''Indian Act'' must:
	# Be in writing (*audio/video wills/oral instructions are not accepted)		# Be in writing (*audio/video wills/oral instructions are not accepted)
	# Be signed by the will-maker		# Be signed by the will-maker
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	The person writing the will must be		The person writing the will must be
	* A “Status Indian” under the Indian Act		* A “Status Indian” under the ''Indian Act''
	* considered “ordinarily resident on-reserve”		* considered “ordinarily resident on-reserve”
	* 16 and older		* 16 and older
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	* The residue/remainder (what is left over after payments of debts and gifts of your estate)		* The residue/remainder (what is left over after payments of debts and gifts of your estate)

	For step by step directions use the template in “Writing Your Own Will - A Guide for First Nations People Living on Reserve (Revised 2019).”		For step by step directions use the template in [https://afoabc.org/wp-content/uploads/2021/03/AFOA-BC-Wills-and-Estates-Booklet-2019.pdf “Writing Your Own Will - A Guide for First Nations People Living on Reserve (Revised 2019).”]

	~~https://afoabc.org/wp-content/uploads/2021/03/AFOA-BC-Wills- and-Estates-Booklet-2019.pdf.~~ For questions contact Indigenous Services Canada, Estates Unit, 1.888.917.9977 or BCEstates@sac-isc.gc.ca		For questions contact Indigenous Services Canada, Estates Unit, 1.888.917.9977 or BCEstates@sac-isc.gc.ca

	Indigenous people on reserve can leave their home to people who are members of their band or entitled to be, as long as the house is located on a Certificate of Possession lot (“CP”). A CMHC house cannot be given away in a will. Check with your Band’s housing department to find out what happens to a CMHC house or Custom allotment in the event you pass away.		Indigenous people on reserve can leave their home to people who are members of their band or entitled to be, as long as the house is located on a Certificate of Possession lot (“CP”). A CMHC house cannot be given away in a will. Check with your Band’s housing department to find out what happens to a CMHC house or Custom allotment in the event you pass away.
Line 34:		Line 34:
	===Off reserve===		===Off reserve===

	The law for writing wills is the Provincial legislation Wills and Estates Succession Act (WESA). There is an online template at MyLawBC that can help you make a simple will that says what you want to happen after you die: https://mylawbc.com/pathways/make-a-will.		The law for writing wills is the Provincial legislation ''Wills and Estates Succession Act (WESA)''. There is an online template at MyLawBC that can help you make a simple will that says what you want to happen after you die: [https://mylawbc.com/pathways/make-a-will mylawbc.com].

	For Legal Advice about Wills, call Access Pro Bono Justice to schedule a free 1/2 hour phone appointment with a lawyer 1-877-762-6664.		For Legal Advice about Wills, call Access Pro Bono Justice to schedule a free 1/2 hour phone appointment with a lawyer 1-877-762-6664.
Line 45:		Line 45:
	If there is no will, then the family (and ISC) will appoint an Administrator. ISC will send the Administrator a certificate showing their appointment.		If there is no will, then the family (and ISC) will appoint an Administrator. ISC will send the Administrator a certificate showing their appointment.

	For a step by step description of what needs to be done see “Estate Administration On Reserve.” Available at https://aboriginal.legalaid.bc.ca/ or Contact ISC Estates offices T: 1.888.917.9977 or general email BCEstates@sac-isc.gc.ca.		For a step by step description of what needs to be done see “Estate Administration On Reserve.” Available at [https://aboriginal.legalaid.bc.ca/ aboriginal.legalaid.bc.ca] or Contact ISC Estates offices T: 1.888.917.9977 or general email BCEstates@sac-isc.gc.ca.

	Executors and family members are Not liable for the debts of the deceased. The Executor’s role will be to pay bills from money in the Estate before any beneficiaries are paid. If no money, then no bills get paid.		Executors and family members are Not liable for the debts of the deceased. The Executor’s role will be to pay bills from money in the Estate before any beneficiaries are paid. If no money, then no bills get paid.

	If your common law partner or spouse has passed and you are wondering how your home on reserve is effected, the Family Homes on Reserve and Matrimonial Interests or Rights Act will likely apply. If so, you:		If your common law partner or spouse has passed and you are wondering how your home on reserve is effected, the ''Family Homes on Reserve and Matrimonial Interests or Rights Act'' will likely apply. If so, you:
	* are entitled to remain in the home for 180 days, even if renting and even if not a Band member		* are entitled to remain in the home for 180 days, even if renting and even if not a Band member
	* can apply under the Act for exclusive occupation of the home beyond the 180 days (depends on situation)		* can apply under the Act for exclusive occupation of the home beyond the 180 days (depends on situation)
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	If you are entitled to this right or interest, note that you will not also be able to receive an amount under the will for the same property.		If you are entitled to this right or interest, note that you will not also be able to receive an amount under the will for the same property.

	For information about estates Off Reserve see People’s Law School publications online at		For information about estates Off Reserve see People’s Law School publications online at [https://peopleslawschool.ca/publications/wills-and-estates-collection peopleslawschool.ca].
	https://peopleslawschool.ca/publications/wills-and-estates-collection

	==Representation Agreements==		==Representation Agreements==

	A Representation Agreement is a legal planning document under the BC Representation Agreement Act. A Representation Agreement is a way you, as an adult, can name people to help you make decisions or make decisions on your behalf if your mental capacity comes into question. Spouses or parents of adult children do not have automatic legal authority to speak for you or “act on your behalf.		A Representation Agreement is a legal planning document under the BC ''Representation Agreement Act''. A Representation Agreement is a way you, as an adult, can name people to help you make decisions or make decisions on your behalf if your mental capacity comes into question. Spouses or parents of adult children do not have automatic legal authority to speak for you or “act on your behalf.

	:'''Note:''' What if you are ill, injured or have a disability? Your mental capability to understand may be questioned if you have a stroke or a bad fall or if you become seriously ill. An adult with a disability from birth or with advanced dementia may have problems to understand and may need help making decisions and managing their affairs.		:'''Note:''' What if you are ill, injured or have a disability? Your mental capability to understand may be questioned if you have a stroke or a bad fall or if you become seriously ill. An adult with a disability from birth or with advanced dementia may have problems to understand and may need help making decisions and managing their affairs.
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	What legal document(s) are available in BC?		What legal document(s) are available in BC?
	* In the past, BC only had a law for Enduring Power of Attorney (POA). An Enduring POA allows you to appoint someone to help you with financial and legal matters (including dealing with real property off reserve) but does not cover health care.		* In the past, BC only had a law for Enduring Power of Attorney (POA). An Enduring POA allows you to appoint someone to help you with financial and legal matters (including dealing with real property off reserve) but does not cover health care.
	* Then, a new law was created, called the Representation Agreement Act. A Representation Agreement is a legal document in BC to name someone to help you with health care, personal care, financial and legal matters.		* Then, a new law was created, called the ''Representation Agreement Act''. A Representation Agreement is a legal document in BC to name someone to help you with health care, personal care, financial and legal matters.
	* A Representation Agreement under section 9 (RA9) covers the most health and personal care matters, up to and including decisions to refuse consent to life-supporting health care.		* A Representation Agreement under section 9 (RA9) covers the most health and personal care matters, up to and including decisions to refuse consent to life-supporting health care.
	* A Representation Agreement under section 7 (R7) can include some or all of the following standard powers: minor and major health care, personal care, routine financial, and legal matters (but not dealing with off-reserve property).		* A Representation Agreement under section 7 (R7) can include some or all of the following standard powers: minor and major health care, personal care, routine financial, and legal matters (but not dealing with off-reserve property).

	The Representation Agreement Act introduced a new definition of mental capability for Representation Agreements made under section 7. This is for adults who may have problems with understanding and need help because of a disability from birth or advanced dementia or other condition. This makes BC a leader in accessibility and inclusiveness.		The ''Representation Agreement Act'' introduced a new definition of mental capability for Representation Agreements made under section 7. This is for adults who may have problems with understanding and need help because of a disability from birth or advanced dementia or other condition. This makes BC a leader in accessibility and inclusiveness.

	Contact https://nidus.ca with any questions or concerns or contact a legal advocate for direct help accessing more information at info@nidus.ca.		Contact [https://nidus.ca nidus.ca] with any questions or concerns or contact a legal advocate for direct help accessing more information at info@nidus.ca.

	==Taxation==		==Taxation==

	Indigenous peoples are subject to the same tax rules as any other resident in Canada unless their income is eligible for the tax exemption under section 87 of the Indian Act.		Indigenous peoples are subject to the same tax rules as any other resident in Canada unless their income is eligible for the tax exemption under section 87 of the ''Indian Act''.

	If you have “Status,” then on reserve employment income is exempt from income tax under s81(1)(a) of the Income Tax Act and s 87 of the Indian Act. Some of the connecting factors used to determine whether income is situated on a reserve are:		If you have “Status,” then on reserve employment income is exempt from income tax under s81(1)(a) of the ''Income Tax Act'' and s 87 of the ''Indian Act''. Some of the connecting factors used to determine whether income is situated on a reserve are:
	* the location or residence of the employer,		* the location or residence of the employer,
	* the nature, location and surrounding circumstances of the work performed, and		* the nature, location and surrounding circumstances of the work performed, and