Rights of Indigenous Peoples
Indian Act
Know Your Rights
Criminal Law
Child Protection
Fair Decision Making
The laws about Wills and Estates in other parts of the province do not apply to people who are defined as an Indian under the Indian Act and who live on a reserve.
In these cases, the Indian Act determines what happens to things a person owned when they die. It applies even if the First Nation has a Land Code. If a First Nation has a Self-Government Treaty, the Indian Act rules do not apply.
The Indian Act rules apply if the person:
- usually lived on the reserve (even if they were sometimes away for school, seasonal work or medical treatment) AND
- is registered as an Indian under the Indian Act or could be
This information in this section is about Wills and Estates in cases where the Indian Act applies.
What is a Will?
A Will is any written document signed by you that sets out how you want your Estate to be distributed.
If I Have a Will Does it Need To Be Followed?
The Minister of ISC, can decide your Will or a part of it is not valid.
Can Someone Inherit My Reserve Lnad?
Yes, but it must be someone who already has a right to live on the reserve.
Who looks After My Estate?
Whether or not the person had a Will, there is a process to distribute their Estate.
Who Inhertis?
This is determined by the Will if there is one and by the Indian Act if there is no Will.
