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Difference between revisions of "Death and Taxes (Legal Information for Indigenous People)"
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Death and Taxes (Legal Information for Indigenous People) (view source)
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==Wills== | ==Wills== | ||
On reserve | ===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 | ===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. | ||
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. | ||
