If you had a First Nations family member or friend who recently passed, there are some special considerations that need to be taken into account when dealing with their estate.

There are two organizations available to help you manage the affairs of your deceased loved one:

1. Indigenous Services Canada (ISC) is responsible for estate services in all provinces.
2. Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) is responsible for estate services in the Yukon and Northwest Territories.

When an Indigenous person dies, you can email Estate Services at: aadnc.estates-successions.aandc@canada.ca. They help you determine who should look after the estate after considering the deceased’s Indian Status, primary residence, as well as the existence of a Will. They also offer help with funeral costs if the estate cannot cover the expenses.

If the deceased was not living on a reserve at the time of their death, the province or territory bears the responsibility to deal with the estate.

If the deceased was “ordinarily resident” on a reserve at the time of their death, ISC or CIRNAC deals with the estate according to the Indian Act. “Ordinarily resident” on a reserve is defined as an eligible First Nations person who usually lives on a reserve and doesn’t have a primary residence off a reserve, subject to exclusions such as attaining education or care and services unavailable on a reserve.

If the deceased left a Will with a named executor, that person will manage the affairs of the estate. However, if there is no Will, the ISC or CIRNAC will appoint an administrator (usually a family member) or will act as administrator themselves if no one is otherwise willing or able.

Apart from appointing or acting as an administrator to settle the estate, the ISC and CIRNAC offer the following other estate services:

• approving wills so they can take effect,
• transferring reserve lands from the estate to the beneficiaries or the heirs,
• determining the heirs if a person dies without a will, and
• if serving as administrator, distributing estate assets according to the will or the provisions of the Indian Act when there is no will

The ISC and CIRNAC also offer services for the estates of living minor or dependent adults who live on reserves. More information can be found on the Estate services for First Nations page on the government of Canada’s website.

Thanks for reading,

Ian Hull & Ekroop Sekhon