GENERAL INFORMATION

Legal authority under the Indian Act all Indians are allowed to change jurisdiction to Quebec Civil Code

GENERAL INFORMATION FOR ADMINISTRATORS

This booklet provides information based on the Indian Act on how to administer
an estate of an Indian who lived on reserve or on Crown lands when he or she died

English Version

https://www.aadnc-aandc.gc.ca/DAM/DAM-INTER-HQ-BR/STAGING/texte-text/br_es_adminAestate_1336489606902_eng.pdf

French Version

https://web.archive.org/web/20160806174013/http://www.aadnc-aandc.gc.ca/DAM/DAM-INTER-HQ-BR/STAGING/texte-text/br_es_adminAestate_1336489606902_fra.pdf

OVERVIEW OF ESTATES MANAGEMENT

  • Who is covered by the Indian Act?
  •  The Minister’s role:
    •  decedent estates
    •  living estates
    •  minors
    • wills (section 45 and 46)
    •  intestacy (section 48)
  •  Transfer of jurisdiction (section 44)
  •  The administration of estates:
    • notification of death
    • appointing administrators
    • duties of administrators
  •  Interest in land as an estate asset
  • The application of the Family Homes on Reserves and Matrimonial
    Interests or Rights Act

Overview of Estates Management

ESTATE SERVICES FOR FIRST NATIONS PEOPLE

Indigenous and Northern Affairs Canada (INAC) provides services to help families manage the legal and financial affairs of First Nations people who usually live on reserve and have died, or who are minors or dependent adults.

https://www.aadnc-aandc.gc.ca/eng/1100100032357/1100100032361