WILLS & ESTATES MEMBER HANDBOOK


*This Handbook is currently in development.


INTRODUCTION

The following LNIB member handbook focuses on two key subjects, understanding the importance of Wills and how to manage Estates. The information in this guide is intended to assist Lower Nicola Indian Band members manage their families’ possessions and prepare them for their future and the generations afterward. The Lands Department developed this handbook to provide support to Lower Nicola Band members who wish to prepare legal documentation regarding the transfer and division of their possessions upon death. Information for members living in different situations and with multiple land and estate matters to settle is explained in detail throughout the handbook.


WORKING TOGETHER

At any time, Lower Nicola Band members may be contacted by the Lands Department to collaborate on wills and estate planning and research. Members are encouraged to share their stories and knowledge with the Lands Department so that important documents and significant records can be stored locally and securely. Records may include things like, original last will and testaments, official probates, land surveys, as well as drawings, images, oral testimonies and traditional knowledge. It is important that we work together to understand the land and our surroundings.


WILLS & POSSESSIONS

A will is a written statement of what you want to happen to your possessions after you die. The person who writes a will is called the testator or the will-maker. An estate is everything that a person owns, and all debts owed, on the day they die. Intestate is when a person dies without a will. The following sections provide LNIB members with details about best practices and steps to take before and after death, as well as information about how to manage and settle an estate.

When a member has a Certificate of Possession (CP) for a parcel of land it can be transferred, with the assistance of the Lands Department, to another Band member or a beneficiary. An appointed estate administrator or executor is responsible for transferring land after a members’ death. With the LNIB Land Code in place, Lower Nicola Band members, in collaboration with the Lands Department, are developing a custom allotment process to formally recognize and permit transfer of ownership of traditionally owned land.



STEPS & GUIDELINES

There are several steps to take after the death of a Band member. The following list of documents must be gathered and shared with Lower Nicola Indian Band administration after the death of a member in order for their estate to be settled.

  1. Report of Death
  2. Original Death Certificate
  3. Completion of Report of Death with Death Certificate
  4. Appointment Letter (Administrator or Executor/Executrix)

It is recommended that appointed administrators and executors provide the Lands department copies of appointment documents so that the Lands team can verfiy and share information with you. 


ON AND OFF RESERVE

The Indian Act estates sections apply to an estate if you are status (registered) First Nations person, or entitled to be registered under the Indian Act and live on reserve; or live on reserve, but leave temporarily for educational reasons or seasonal employment; or leave the reserve for medical reasons or to go into a care facility.

The estates sections do not apply if you are status (registered) or entitled to be registered First Nations person and live off reserve; are non status and live on reserve.

Under the Indian Act, Indigenous Services Canada (ISC) or Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) is only involved with estates for people "ordinarily resident" on a reserve.

"Ordinarily resident" on a reserve means that an eligible First Nations person usually lives on a reserve and does not maintain a primary residence off a reserve. They may, however, temporarily live off a reserve for education purposes or to obtain care or services not available on a reserve.

The Lands Department can assist with an estate of a Lower Nicola Band member who dies while living ON reserve, while an estate of a member who dies while living OFF reserve may seek assistance from the Indigenous Services Canada (ISC).

When there is a will but no person is able to process the estate then Indigenous Services Canada will appoint someone from the Estates Unit, BC Region to manage the account.



ROLES & SUPPORT

The rest of this handbook provides Lower Nicola Band members with detailed information about various support services offered and steps to follow when managing an estate. This information is intended to help guide LNIB members through the process of preparing a legal will, as well as dealing with a death or an estate.


EXECUTOR

When a person makes a will, they name someone (or a group) responsible for handling their estate once they have died. This person or group (Example: a law firm or bank) is known as the executor. The executor handles all of the legal and financial matters and ensures that the details of the will are carried out.


ADMINISTRATOR

If someone who lived on-reserve dies without a will or does not name an executor in their will, INAC will appoint a person to handle the estate. This person is known as the administrator, and they have the same duties as an executor. If no one is willing or able to administer the estate, INAC will become the administrator by appointing a departmental employee to settle the estate. If you have been appointed as an administrator/executor, Indigenous Services Canada will send a guide for estate administration on reserve to you to help you with the daily administration of the estate.

What do administrators or executors do?
The administrator or executor is responsible for handling all of the legal and financial matters of the estate, and is accountable to the heirs or beneficiaries named in a will. The duties of an administrator or executor for the estate of someone who has died include:

  • identifying and protecting the estate property and belongings;
  • claiming work benefits;
  • Posting the Notice to Creditors, Heirs and Other Claimants;
  • providing a full report to the heirs or beneficiaries on what has been done;
  • paying the estate debts, including funeral expenses;
  • filing taxes and obtaining the Clearance Certificate from Canada Revenue Agency;
  • distributing what remains to the people named in the will or to the family in accordance with the provisions of the Indian Act


LNIB HUMAN SERVICES

The deceased Lower Nicola Band members’ family can request assistance from the LNIB Human Services to make funeral arrangements and coordinate a potlatch celebration event. The LNIB Human Services will provide the family with a portion of funds to cover funeral service expenses and event fees.

It is recommended that any Lower Nicola Band member who dies while living OFF reserve have someone who can contact Lower Nicola Indian Band after they die so that LNIB may formally update membership records.

The chosen funeral home will provide the option for a burial or cremation and the type of ceremony that is preferred.

LNIB HUMAN SERVICES
(250) 378-5157
LOWER NICOLA INDIAN BAND
Human Services
230 Hwy 8 West
Merritt, BC Canada V1K 0A7

LNIB Human Services can assist with funeral services for a Lower Nicola Band member who dies while living ON reserve, while an estate of a member who dies while living OFF reserve may seek assistance from the BC Ministry of Social Development.

BC Ministry of Social Development
myselfserve.gov.bc.ca
Phone: (866) 866-0800


LNIB MEMBERSHIP SERVICES

LNIB Membership Services will receive the original Death Certificate from the selected funeral home service.

Membership Services will complete a Report of Death for the deceased LNIB member and will provide a copy to the Indigenous Services Canada (ISC), Estates Unit, BC region.

Membership Services will then update Lower Nicola Indian Band’s membership register, as well as contact Indigenous Services Canada to inform them of the members’ death so they can update the Indian Register.

LNIB MEMBERSHIP SERVICES
(250) 378-5157
LOWER NICOLA INDIAN BAND
Membership Services
181 Nawishaskin Lane
Merritt, BC Canada V1K 0A7


LNIB LANDS DEPARTMENT

The Lands Department is responsible for assisting Lower Nicola Band members with the administration and planning of estate matters, including land transfers, custom allotments, research, and dispute resolutions related to wills, estates, and reserve land.

SEE Wills & Estate Services Work Plan

Lower Nicola Band members can request information from the Lands Department about a specific estate or parcel of land that they have a direct connection with. When a request is related to land only and does not include an estate, then a Land Report is be produced to provide supporting evidence for the interest or land claim. When a request involves an estate, then an Estate Report is produced to determine the current status of the will and the estate. The Lands team handles all member requests in the order they are received.

LNIB LANDS DEPARTMENT
(250) 378-5157
LOWER NICOLA INDIAN BAND
Lands Department
181 Nawishaskin Lane
Merritt, BC Canada V1K 0A7


MATRIMONIAL REAL PROPERTY

Occupation
AFTER DEATH
14  When a spouse or common-law partner dies, a survivor who does not hold an interest or right in or to the family home may occupy that home for a period of 180 days after the day on which the death occurs, whether or not the survivor is a First Nation member or an Indian.

Exclusive Occupation Order
ORDER AFTER DEATH
20 (1)  A court may, on application by a spouse or common-law partner whether or not that person is a First Nation member or an Indian, order that the applicant be granted exclusive occupation of the family home and reasonable access to that home, subject to any conditions and for the period that the court specifies.

SEE Family Homes on Reserves and Matrimonial Interests or Rights Act


ALLOTMENT AND CUSTOM FAMILY LANDS LAW

The Allotment and Custom Family Lands Law is currently being drafted by the Lands Department, with the support of Lower Nicola Band members, for transferring ownership of reserve lands to its members through a fair and transparent process. Once ratified, an allotment law will provide LNIB members with the opportunity to formally apply for a Certificate of Possession (ownership) of a currently unregistered parcel of reserve land. Evidence of land ownership and a legal survey are required. More details about the Custom Allotment Application process will be shared with the membership soon.


CUSTOM FAMILY LANDS

If you believe you are entitled to land that was originally owned by you or your family and you do not have a written statement of ownership (Certificate of Possession) for the land, then it is considered a Traditional Land Holding or Custom Family Land. At any time, Lower Nicola Band members can request more information from the Lands Department regarding a specific land interest or claim. Research may be conducted including a complete Estate Report.

SEE Traditional Holdings Project


INDIGENOUS SERVICES CANADA

Indigenous Services Canada (ISC) is responsible for managing and administering an estate after a members’ death, when an executor or executrix has NOT been named in a will or appointed.

Lower Nicola Band members can contact Indigenous Services Canada Estate Services to help manage the affairs of a minor, or a dependent adult who usually lives on a reserve or a deceased family member or friend who usually lived on a reserve.

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

INDIGENOUS SERVICES CANADA
 Estates Unit, BC Region
(604) 506-6759
Estates Unit Indigenous Services Canada, BC Region
600 – 1138 Melville Street Vancouver BC Canada V6E 4S3



APPENDIX

Complete list of downloadable documents and forms related to Lower Nicola Indian Band Wills & Estates Services.



ACRONYMS & ABBREVIATIONS

LNIB Lower Nicola Indian Band
ISC Indigenous Services Canada
CIRNAC Crown-Indigenous Relations and Northern Affairs Canada
CP Certificate of Possession
FA Framework Agreement on First Nation Land Management



THIS HANDBOOK WAS CREATED BY THE LOWER NICOLA INDIAN BAND LANDS DEPARTMENT AND WAS UPDATED 2022-JAN-18

THIS ONLINE GUIDE CAN ALSO BE VIEWED IN PRINTED FORMAT AND IS MADE AVAILABLE TO PICK UP AT THE LANDS OFFICE UPON REQUEST. CONTACT THE LANDS DEPARTMENT.