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{{LSLAP Manual TOC|expanded = wills}} | {{LSLAP Manual TOC|expanded = wills}} | ||
A student must decide whether or not the client comes within the scope of the ''Indian Act'', RSC 1985, c I-5. Section 45(3) is the relevant section of the Act; it provides that a will executed by an Indian, as defined by the Act, is of no legal force and effect as a disposition of property until the Minister has approved the will or a court has granted probate pursuant to the ''Indian Act''. | A student must decide whether or not the client comes within the scope of the ''Indian Act'', RSC 1985, c I-5. Section 45(3) is the relevant section of the Act; it provides that a will executed by an Indian, as defined by the Act, is of no legal force and effect as a disposition of property until the Minister has approved the will or a court has granted probate pursuant to the ''Indian Act''. | ||
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For further information on wills for First Nations persons, consult “Wills for First Nations persons” in Practice Points: Aboriginal Law, available on the BC Continuing Legal Education website at http://www.cle.bc.ca/PracticePoints/ABOR/wills.html. | For further information on wills for First Nations persons, consult “Wills for First Nations persons” in Practice Points: Aboriginal Law, available on the BC Continuing Legal Education website at http://www.cle.bc.ca/PracticePoints/ABOR/wills.html. | ||
:'''NOTE:''' It is important to determine whether there exist any applicable treaties that may affect a First Nation client’s will. For example the Nisga’a Treaty provides that a Nisga’a citizen’s cultural property devolves according to Nisga’a law. | :'''NOTE:''' It is important to determine whether there exist any applicable treaties that may affect a First Nation client’s will. For example, the Nisga’a Treaty provides that a Nisga’a citizen’s cultural property devolves according to Nisga’a law. | ||
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