Death and Taxes (Legal Information for Indigenous People)

Wills

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:

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

In law, the directions given by a client to their lawyer about either the conduct of their affairs or a court proceeding.