First Nations and Métis families
How are wills and estates handled for First Nations people in Alberta?
Short answer
It depends on where the person ordinarily lived. If the person lived on a reserve, the federal Minister has authority over the will and estate under the Indian Act. Indigenous Services Canada (ISC) does this work. If the person lived off reserve, the province is responsible, and in Alberta the ordinary Alberta process generally applies. These estates need a specialist.
Who handles the estate when the person lived on reserve?
Under the Indian Act, the federal Minister has authority over the wills and estates of First Nations people who ordinarily live on a reserve. Indigenous Services Canada (ISC) or Crown-Indigenous Relations and Northern Affairs Canada does this work.
The federal government, rather than the provincial courts, generally oversees the estate. The office:
- approves wills so they can take effect
- decides the heirs when there is no will
- appoints executors or administrators
What counts as a will on reserve?
The Minister may accept as a will any written document you sign that shows your wishes for your property at death.
The will has no legal effect until the Minister approves it or a court grants probate. The forms, authorities and steps differ from the ordinary Alberta process. Assuming the ordinary process applies can lead a grieving family in the wrong direction.
A valid, current will still matters. Dying without one can be especially complicated in this setting.
What happens to reserve land and the family home?
You can give land you hold on a reserve only to a member of your First Nation. Reserve land must stay within the community, and outsiders typically cannot inherit it outright.
A family home on reserve follows federal rules or the First Nation's own law, not Alberta's. Families holding land through certificates of possession or customary rights should learn these limits well in advance. That way their wishes can be expressed in a form the rules can carry out.
What if the person lived off reserve?
If a First Nations person lived off reserve at death, the estate is the responsibility of the province where they lived. In Alberta, the ordinary Alberta estate rules then generally apply.
Where can a family get help?
Ask the right office early. TaxOnTax can help with tax returns and tax planning. The will, the estate and any legal questions belong with ISC, your own lawyer or a specialist.
- ISC's web page is "Estate services for First Nations." Its estates office takes email at estates-successions@sac-isc.gc.ca.
- Before you sign anything, look for a lawyer who has worked on these estates.
- Ask your lawyer whether any part of the estate, such as reserve land, follows federal rules instead of Alberta law.
Related questions
Is a handwritten will valid for a First Nations person living on reserve?
The Minister may accept as a will any written document you sign that shows your wishes for your property at death. It has no legal effect until the Minister approves it or a court grants probate.
Who decides the heirs if a First Nations person on reserve dies without a will?
The federal Minister, through Indigenous Services Canada or Crown-Indigenous Relations and Northern Affairs Canada, decides the heirs when there is no will.
Can I leave my reserve land to anyone I choose?
No. You can give land you hold on a reserve only to a member of your First Nation.
Drawn from Legacy Planning in Care, Chapter 10. The will and what passes outside it (First Nations and Métis estates: where to get help); TaxOnTax: The 12Event Planning Model, Indigenous Taxation & Planning Considerations, section 7, by Derik Godbout, PBA, CEA, DMA. Reviewed October 2026. General information, not advice for your situation; rules and amounts change, so confirm current figures before you act.
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TaxOnTax™ Advisory Ltd. is a tax planning, accounting and executor advisory practice that also provides plain-language tax education. Derik Godbout is a PBA, CEA and DMA, Personal Tax Services Specialist™, not a CPA, lawyer, registered investment adviser, or licensed insurance professional. Nothing on this site constitutes personalized tax, legal, investment, or insurance advice. Always consult a qualified professional before acting on any information.