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Common Questions

Is a will different for people who live on reserve?

Last reviewed in June 2022 by the Clicklaw Editors.

A will is a written document in which you describe what should happen to your property after you die. It must follow certain rules to be considered valid (legal). If you are registered under the Indian Act and you live on reserve, the process for creating and administering a will is guided by the Indian Act.

Good starting points include:

Need more help?

  • Aboriginal Community Legal Workers, from Legal Aid BC, helps you with legal information and limited advice on issues including wills and estates.
  • First Nations and Metis Outreach Program, from The Law Centre at University of Victoria, provides legal advice, assistance, and representation to First Nations and Metis clients who live in the Capital Regional District. 
  • Indigenous Community Legal Clinic (ICLC), from UBC's Peter A. Allard School of Law, provides assistance with will creation and will search to eligible clients who cannot afford a lawyer and who self-identify as Indigenous persons.
  • Lawyer Referral Service, from Access Pro Bono, offers a free initial consultation with a lawyer for up to 30 minutes. If you'd like further help from the lawyer, you can retain them at an agreeable rate of charge. 
  • Find more help near you on Clicklaw HelpMap.

See our related common questions:

tags
living on reserve, Aboriginal rights, settling the estate of a registered Indian, status Indian, making a will