Death and Taxes (Legal Information for Indigenous People)
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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
The link for “Writing Your Own Will - A Guide for First Nations People Living on Reserve (Revised 2019).” under section Wills / on-reserve is not active. That link was https://afoabc.org/wp-content/uploads/2021/03/AFOA-BC-Wills-and-Estates-Booklet-2019.pdf. It seems like the link is now https://afoabc.org/wp-content/uploads/2023/07/AFOA-BC-Wills-and-Estates-Booklet-2019.pdf