Death and Taxes (Legal Information for Indigenous People)
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EDITS IN PROGRESS This wikibook, Legal Information for Indigenous People, is still under development. The content on this page may be incomplete. For the complete version, download the PDF version via Clicklaw. |
Wills[edit]
On Reserve: to be valid, a will under the Indian Act must:
- Be in writing (*audio/video wills/oral instructions are not accepted)
- Be signed by the will-maker
- Give away something the will-maker owns
- Be intended to take effect upon death
- Have 2 adult witnesses (not beneficiaries or their spouses)
- 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