If I Have a Will Does it Need To Be Followed?

The Minister of Indigenous Services Canada (ISC) must approve your Will before it can be used to distribute your Estate. The Minister of ISC can decide your Will or a part of it is not valid. They may decide this in cases where…

• You were under duress or undue influence when you made the Will. Duress and undue influence mean you were pressured to make your Will a certain way. It is more than someone giving you advice or suggestions. It can mean someone threatens you into leaving them something in your Will.
• You did not have the ability to make a Will. To make a Will you must be of sound mind. This means you understand what you own. It also means you must understand that the Will sets out who will share in your Estate when you die.
• You did not provide for someone you had a responsibility to look after. If a family member was financially dependent on you and it would create hardship if they received nothing under your Will, the Minister could invalidate your Will or part of it.
• Your Will gives away reserve land in a way that goes against the interests of your community or the Indian Act. You must follow the Indian Act rules for gifting reserve land. Even if you do the Minister could decide that in your situation the collective interests of your community in the reserve land go against what you want to do with the land.