Considerations for First Nations on wills and estates planning

Estate planning allows individuals to control how their assets are distributed at the time of death. Effective estate planning therefore plays a critical role in supporting intergenerational wealth transfer. A properly drafted will provides clarity and certainty, reducing the risk of costly and protracted post-mortem disputes.

The importance of estate planning in Indigenous communities has increased in light of recent and ongoing specific claim settlements and class action compensation payments. In the absence of a valid will, such assets could end up being distributed according to federal or provincial intestacy laws which may not align with the individual’s wishes. Proactive planning helps ensure that assets are transferred deliberately and in accordance with personal and family priorities.

Jurisdictional considerations

It is important to determine whether federal or provincial laws will govern the administration of an individual’s estate. The governing law impacts the process to create a valid will, the probate or administration process, the rules governing distribution and the manner in which a will may be challenged.

Where an individual was a Status Indian and ordinarily resident on reserve at the time of death, the administration of their estate will be governed by the federal Indian Act. The Indian Act grants the Minister of Indigenous Services certain powers to approve or invalidate the will of such individuals. If a Status Indian ordinarily resident on reserve at the time of death dies without a will, the Indian Act will direct distribution of the deceased’s property. In contrast, if a Status Indian lived off reserve at the time of their death, provincial law will apply and the deceased’s estate will be governed by the same rules applicable to non-status individuals. An understanding of these rules is critical to advising Status Indians on their estate plans.

Wills Workshops

Our team delivers Wills Workshops within First Nations communities. During these meetings, our lawyers will meet with members and Elders on a one‑on‑one basis to assist with will preparation. The process begins with an intake interview to collect information regarding assets, liabilities and distribution wishes. Draft wills are then prepared, reviewed in detail with the individual and finalized through a facilitated signing process. The Wills Workshops can be made available to both on- and off-reserve members. Workshops can also be expanded to include power of attorney documents and advance health care directives.

Our team is also available to deliver an educational presentation to the community on the importance of wills, key planning considerations and the process for creating a proper estate plan.

MLT Aikins has extensive experience in drafting Indigenous estate documents. If your Nation has any questions about legal services on Indigenous wills and estates, wills workshops or any other matter, the MLT Aikins Indigenous practice group would be happy to assist.

Learn more about this topic at our upcoming event: Indigenous Leadership & Business: Legal Update 2026 for Saskatchewan

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