Difference between revisions of "First Nations and Wills (16:X)"

Jump to navigation Jump to search
Line 1: Line 1:
{{REVIEWED LSLAP | date= August 4, 2020}}
{{REVIEWED LSLAP | date= August 10, 2021}}
{{LSLAP Manual TOC|expanded = wills}}
{{LSLAP Manual TOC|expanded = wills}}


Line 10: Line 10:
Finally, if a registered First Nations person “living on reserve dies intestate, or their will is not clear or not valid, the Department of Indian Affairs will apply to the estate the rules set out in the ''Indian Act'' and the ''Indian Estates Regulations'', CRC 1978, c 954”.
Finally, if a registered First Nations person “living on reserve dies intestate, or their will is not clear or not valid, the Department of Indian Affairs will apply to the estate the rules set out in the ''Indian Act'' and the ''Indian Estates Regulations'', CRC 1978, c 954”.


For further information on wills for First Nations persons, consult “Wills for First Nations Persons” in Practice Points: Aboriginal Law, available on the BC Continuing Legal Education website at www.cle.bc.ca/PracticePoints/ABOR/wills.html.
For further information on wills for First Nations persons, consult Chapter 29 of the 2020 CLEBC ''Wills and Personal Planning Precedents''.


:'''NOTE:''' It is important to determine whether there exist any applicable treaties that may affect a First Nation client’s will. For example, the Nisga’a Treaty provides that Nisga’a citizen’s cultural property devolves according to Nisga’a law.
:'''NOTE:''' It is important to determine whether there exist any applicable treaties that may affect a First Nation client’s will. For example, the Nisga’a Treaty provides that Nisga’a citizen’s cultural property devolves according to Nisga’a law.


{{LSLAP Manual Navbox|type=chapters15-22}}
{{LSLAP Manual Navbox|type=chapters15-22}}