First Nations Estate Services
If you have had a First Nations family member or friend who has passed away recently, there are some special procedures and considerations that need to be taken into account when it comes to their estate.
When an Indigenous person passes away, the first step is to email Estate Services at:aadnc.estates-successions.aandc@canada.ca. The Estate Services department will help you determine who should look after the estate after reviewing the person's Indian Status, primary residence, as well as whether they had a Will in place. They will also help with the funeral costs if needed.
There are two organizations in Canada that are available to assist you in managing the affairs of the deceased person.
Indigenous Services Canada (ISC) – Estate services in ALL provinces
Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) – Estate services in Yukon and Northwest Territories
The province or territory will take on the responsibility to deal with the estate if the deceased person was NOT living on a reserve at the time of death. If there was a Will with a named Executor, that person will act on behalf of the estate as usual. If there was no Will or named Executor, ISC or CIRNAC will either appoint one (such as a family member or close friend) or will act as the estate administrator themselves if there is no one else willing to do so.
The ISC and CIRNAC also offer the following estate services:
Approving of Wills
Transferring of reserve lands to beneficiaries and heirs
Determining the beneficiaries and heirs if there was no Will in place
Distribution of the estate assets to such beneficiaries and heirs
Additional services for estates of living minors and dependant adults who live on reserves
If you are looking for more information on Indigenous Peoples Estates, click the following link to redirect to the Estate Services for First Nations page on the Canadian Government’s website.
This blog is not intended to be legal advice and should not be relied on as such. If you require legal advice, please contact a legal professional concerning your particular circumstances.