Death and Taxes (Legal Information for Indigenous People): Difference between revisions

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On Reserve: to be valid, a will under the Indian Act must:
On Reserve: to be valid, a will under the Indian Act must:


1. Be in writing (*audio/video wills/oral instructions are not accepted)
# Be in writing (*audio/video wills/oral instructions are not accepted)
2. Be signed by the will-maker
# Be signed by the will-maker
3. Give away something the will-maker owns
# Give away something the will-maker owns
4. Be intended to take effect upon death
# Be intended to take effect upon death
5. Have 2 adult witnesses (not beneficiaries or their spouses)
# Have 2 adult witnesses (not beneficiaries or their spouses)
6. Be dated
# Be dated


==The person writing the will must be:==
==The person writing the will must be:==

Revision as of 21:00, 8 February 2023

Wills[edit]

On Reserve: to be valid, a will under the Indian Act must:

  1. Be in writing (*audio/video wills/oral instructions are not accepted)
  2. Be signed by the will-maker
  3. Give away something the will-maker owns
  4. Be intended to take effect upon death
  5. Have 2 adult witnesses (not beneficiaries or their spouses)
  6. Be dated

The person writing the will must be:[edit]

  • A “Status Indian” under the Indian Act
  • considered “ordinarily resident on-reserve”
  • 16 and older
  • Free from pressure or influence

Estates[edit]

Representation Agreements[edit]

Taxation[edit]