Death and Taxes (Legal Information for Indigenous People)

Wills

On Reserve: to be valid, a will under the Indian Act must: 1. Be in writing (*audio/video wills/oral instructions are not accepted) 2. Be signed by the will-maker 3. Give away something the will-maker owns 4. Be intended to take effect upon death 5. Have 2 adult witnesses (not beneficiaries or their spouses) 6. Be dated

The person writing the will must be:

• A “Status Indian” under the Indian Act • considered “ordinarily resident on-reserve” • 16 and older • Free from pressure or influence

In law, the directions given by a client to their lawyer about either the conduct of their affairs or a court proceeding.