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

Estates[edit]

Representation Agreements[edit]

Taxation[edit]