Why it's important to have a will

A will is a document that leaves instructions about what you want done with your personal possessions and land after you die.

Why you should you have a will

If you’re a First Nations person who dies without a will while living on a reserve, the Indian Act determines how your assets will be distributed, not you or your family. Without a will, friends, charities or other beneficiaries can’t inherit from your estate. Only family can inherit.

Having a will ensures your wishes will be carried out and your loved ones are provided for. Be sure to consider arrangements for the care of your children and pets. Consider all your possessions when making a will, for example:

money
vehicles
books
works of art
furniture
land
livestock
keepsakes

You can only gift the land you possess on a reserve to someone who is a member of your First Nation.

Writing a will is free, unless you go through a lawyer, or a notary in Québec. It doesn't have to be complicated or costly.

By making a will, you can:

provide for your loved ones, children and grandchildren
decide who’ll get your home and property
clearly state who should receive your possessions, for example:
- jewellery
- vehicles
- money
name who’ll take care of your children and dependents
leave instructions for end-of-life ceremonies
name who’ll take care of your estate

A will may:

avoid delays in settling your estate
reduce administrative paperwork for your family at a difficult time
make the settlement of your estate a more personal matter
provide peace of mind and clear direction about your wishes to your family and loved ones
reduce our involvement in your private affairs

What needs to be in a will

The Indian Act outlines what should be included in your will.

If you live on a reserve, a valid will needs to:

be in writing
- you can write your own or use a form available from various sources, for example, will kits or websites
be signed by you
state what you want done with at least one of your possessions
state that it takes effect after your death

Ideally, a will should also:

be dated
be signed by 2 people who witnessed you signing your will
- your witnesses should be adults who aren’t beneficiaries or the spouse of a beneficiary
name someone that you want to be your executor
list the full names and addresses of your beneficiaries
list all your assets and where they are located
- assets include all your property and personal possessions and effects, for example, land, bank accounts, jewellery, commercial licenses, crops, animals, investments, vehicles and buildings
list all your debts, their worth and who holds them
list your wishes regarding who should inherit each of your assets
list the other items that you wish to give to specific people, including items of sentimental value
leave instructions for who should care for your children and dependents

If you possess land on a reserve

If you possess land on a reserve, you may want to include directions in your will for how the land should be divided after your death. The Indian Act states that you can only gift the land that you possess on a reserve to someone who is a member of your First Nation.

The transfer of land can be affected by the Family Homes on Reserves and Matrimonial Interests or Rights Act or by your First Nation's laws about matrimonial real property on reserve. Your band council should be able to help clarify what laws apply to your situation.

When you should make changes to your will

You can change your will as often as you like. In fact, it is a good idea to read it over from time to time to make sure it’s accurate and up to date.

You should change your will when:

you have a child or grandchild
you get married, divorced or enter into a common law relationship
you move to a new address
someone mentioned in your will dies
you acquire new valuable property or possessions

You should always date and initial all changes or additions and have them witnessed.

Do you need a lawyer to make a will

You don’t need to have a lawyer, or notary in Québec, to help you write your will. However, you may want to consult one if your estate is complicated. For example, if you:

have children or you care for someone with special needs
have property or possessions of significant value
own property
own a business

Where you should keep your will

After your death, we will need to have the original will to help settle your estate. You may want to keep your original will in a safe place such as:

a safety deposit box
a fireproof box
a home safe or a safe at the band council office
a lawyer or notary's office
with a trusted friend or family member

You should tell your executor or someone you trust where you stored your will. Banks will usually allow your executor to take your will from a safety deposit box.

If you live on a reserve and need to find out more about making a will, email Estate Services or call Public enquiries.

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Date modified:: 2023-08-21