RE: TLA’AMIN FINAL AGREEMENT
AND YOUR PERSONAL WILLS AND ESTATES PLANNING
The Tla’amin Final Agreement (the “Treaty”) is targeted for being brought into force
on April 5, 2016 (the “Effective Date”).
If you or a member of your family has an existing will, it may have been drafted and
executed to comply with the applicable wills and estates provisions of the Indian Act
and, therefore, may not be valid after the Effective Date.
The Treaty requires that Canada take reasonable steps to inform persons who may
be eligible for enrolment under the Treaty that their wills may not be valid after the
Effective Date. Therefore, we wish to provide you with the following information.
1. If you or a member of your family living on reserve has an existing will, you
may wish to have that will reviewed to ensure that it is valid under provincial
law (the BC Wills, Estates and Succession Act). As noted above, any wills that
have been drafted and executed to comply with the applicable wills and estates
provisions of the Indian Act may not be valid after April 4, 2016.
2. If you or a member of your family live on reserve and do not have an existing
will, the Indian Act provisions determine who will inherit your property. After the
Effective Date provincial law will apply (the BC Wills, Estates and Succession
As someone who may be impacted, you may wish to speak to an estates lawyer to
review your will and ensure that it complies with provincial law. If you do not have an
estates lawyer, the Canadian Bar Association offers a Lawyer Referral Service that
enables members of the public to consult with a lawyer for up to 30 minutes for a fee
of $25 (plus tax), Monday to Friday 8:30 a.m. to 4:30 p.m. After the consultation, the
fees to be charged are strictly between the lawyer and the client. The number to
contact for this service is (604) 687-3221 or 1-800-663-1919 or you can email
On September 30, 2015, the Tla’amin Nation organized Workshops in the community
with an independent Estates lawyer and an AANDC, Estates Officer to provide you
with information and answer your questions. The Tla’amin Nation intends to organize
additional Workshops for its members in the coming weeks.
If you have any questions, please do not hesitate to contact me directly.
Manager, Estates Unit