- Who Needs a Will?
Anyone who has children, (single parents, couples, adopted parents, grandparents raising grandchildren and guardians)
- How do I Write a Will, what goes into it?
You can put anything you possess that is of value to you.
- Can it be a video recording will? If No – why not?
All Wills must be in writing and witnessed by two people if living on reserve or by a lawyer if you own land Off Reserve, if you own a business, if you are wealthy and All Legal Papers MUST BE IN WRITING, Dated and Signed
- What if my parents or spouse is not of sound mind, how do we do a will for them?
If they are NOT OF Sound Mind, you cannot write a Will For them and you will need a Doctors Letter stating they are not of Sound Mind and have Someone Appointed to Care for them and make Decisions for them.
- Where to Record Wills for
1. On-Reserve?
This can be left with the Indian Registration Administrator (IRA), where it is stored in a FIRE PROOF FILING CABINET, or whereever you want, provided your family or Executor knows and can access the Original as this has to be sent to Indigenous Services (ISC) Canada for verification and approval
2. Off-Reserve?
This can be left with the Indian Registration Administrator (IRA), or with your lawyer or registered with the Courts. As long as your family or Executor knows and can access the Will.
- What if I live both On-Reserve and Off-Reserve?
This can be left with the Indian Registration Administrator (IRA), or with your lawyer or registered with the Courts. .
- Where can I get a Wills and Estates Package?
From the Indian Registration Administrator (IRA), or you can purchase one in any Store, usually stores that sell office supplies or stationary or with your lawyer.
- Who keeps my will?
This can be left with the Indian Registration Administrator (IRA), or with your lawyer or registered with the Courts.
- How do I change my will?
The easiest way is to just REDO the Will in its entirety
- What is Section 48 of the Indian Act?
This Section is what is used to Determine who is Entitled to your Estate if there is no Will and even if there is a Will it can affect your estate.
- What happens to a Deceased's Pension Benefits?
This is dependent on the type of Pension Benefits
- Who Applies for CPP Benefits?
The surviving spouse, if minor children – then the surviving spouse or legal Guardian
- What if I am NOT Married to my spouse?
This would depend on if you were previously married and have not changed your marriage status with the Indian Registration Administrator (IRA) to have it changed in the IRS System.
It would also depend on Matrimonial Real Property Law (if the Band HAS MRP Law).
- What if I own Land On-Reserve and Off-Reserve?
If you own land, it is very important to have it in your will who you will leave it to, otherwise Section 48 of the “Indian Act” will be used to determine.
- What does the Land Code have to do with my Will?
The Land Code is the Band’s Guidelines as to who can Own Land On-Reserve and AS PER THE “Indian Act” ONLY BAND MEMBERS can own land On Reserve. If you are Non-Status, Non First Nation or Belong to Another First Nation Band then you cannot own land on that Reserve.
- What does Matrimonial Real Law have to do with my Will?
This is a Document that is the Band’s Guidelines for Matrimonial Real Property.
- What if I own a company, that is on reserve and I live off, who do I see to do my will?
Then you would have a lawyer assist with your Will.
- What Happens to my ON Reserve House if I have a mortgage and my spouse is not a Band Member and
a) Children are minors and Band Members?
b) Children are minors and NON-Band Members?
This is where the Band’s Land Code and Matrimonial Real Law will guide you on how to write your will to protect your Non-Band Member Spouse, Minor Children Members and Minor Children Non Band Members
- What Happens to my OFF Reservice House if I have a mortgage and I used BAND Subsidy Funds for the Mortgage and my spouse is Not a Band Member?
This is where the Band’s Land Code and Matrimonial Real Law will determine what will happen if anything, these are very important documents that All Band Members should be familiar with.
ESTATES
Who do I tell about family death and who do they report to?
The Indian Registration Administrator (IRA)
What do you need when reporting a death?
The Original Death Certificate or Name Of Funeral Home and Date of Death
Who is named Executor and what does an Executor do?
The Executor is responsible for ensuring that all of the Deceaseds’ wishes are followed and all assets are dealth with According to the Will
Who Pays for Everything?
The Executor is responsible for ensuring that all of the Deceaseds’ debts are paid out of the Estate
Matrimonial Real Property On-Reserve
What is this and what does this mean for me or my family?
The Matrimonial Real Property Law is different for Each Reserve and dependent on whether the Band Real Property Law.
It can affect family in various way and needs to be reviewed by All Band Members.
How does this affect OFF-Reserve Members?
The Matrimonial Real Law regarding Off Reserve will depend on what the Community has agreed upon be put in place and varies for each Band.
For more information, please contact:
Leona Thomas, IRA (Indian Registration Administrator)
Telephone: (250) 996-7171 extension 233
Email: Leona.Thomas@nakazdliwhuten.ca