Rights of Indigenous Peoples
Indian Act
Know Your Rights
Criminal Law
Child Protection
Fair Decision Making
This is determined by the Will if there is one and by the Indian Act if there is no Will.
When There is a Will
If there is a Will and the Minister of ISC has approved it, the Executor distributes the Estate to the people named in the Will. The only exception is that someone who cannot live on the reserve cannot inherit reserve land.
When There is No Will
Spouses are married couples or couples who have lived together for at least a year.
If there is no Will and the deceased person was registered as an Indian (or could have been) and lived on a reserve, the Indian Act determines who inherits.
If the value of the Estate (everything the person had) is less than $75,000, it all goes to the person’s spouse if they have one. If the value is more that $75,000, the spouse gets the rest as well if there are no children.
If the value is more than $75,000 and there is one child and a spouse, the spouse gets half of what is above $75,000 and the child gets the other half. If there is more than one child, the spouse gets one third of what is above $75,000 and two thirds is divided between the children. If a child dies before the parent, any children of that child take their share.
If there are children but no spouse, the children all get an equal share of the Estate.
If there is no spouse and no children, everything goes to the parents or the surviving parent if the other parent is dead. If there are no living parents, the Estate is divided between any brothers or sisters. If a sibling has died, their children take their share. If there are no living parents and no siblings, it goes to the next-of-kin.
Reserve land cannot go to any relative more distant than a sibling, such as a niece or nephew, when there is no Will.
