Kapoor, Personal Finance, 8ce

Case 7: Chapter 15 - Estate Services On-reserve

Aaron's aunt, who he was quite close with, lived on his home reserve and recently passed away at her home on-reserve without having a will in place.Under the Indian Act, if no will is in place or no one is identified in a will or there is no eligible person willing to manage one's estate, the Department of Indigenous Services Canada (DISC) manages the estates of status First Nations who lived on-reserve upon their time of death. Without a will in place, DISC appoints administrators/executors, approves wills, transfers reserve lands, and determines the heirs. If the family is unable to settle the estate, DISC will serve as administrator and will distribute estate assets as outlined under the Indian Act.

If Aaron's aunt lived off-reserve upon the time of her death, the provincial law would dictate who is responsible for managing his aunt's estate.

Aaron realizes the importance of a will. It serves as a legal request for the distribution of one's estatethe assets that remain after your debts have been satisfied. Without a will in place, his aunt's estate is under the management of DISC and her assets may be distributed in ways that she might not have wanted.

DISC wills and estates:https://www.sac-isc.gc.ca/eng/1100100032357/1581866877231

Discussion Questions:

1. Why is it important to have a will in place prior to one's death?

1. What challenges could arise if a will is not in place, both on and off reserve?

1. What role does the Department of Indigenous Services Canada play in the management of estates on-reserve?