Living Estates Program

Overview

The Living Estates Program is responsible for ensuring that the federal government's legal obligations and responsibilities, pursuant to sections 51 and 52 of the Indian Act, are met by providing for the management and administration of the estates of Indian minors and mentally incompetent Indians (as defined by the Indian Act).

Program Description

Living estates are managed by AANDC under an administrative regime pursuant to sections 51 and 52 of the Indian Act for individual Indians. Specific duties include:

  • ensuring that funds are properly credited to the financial trust accounts of individuals;
  • making orders for the maintenance and disposition of property administered by the Crown (e.g. authorizing the release of funds and the signing of leases);
  • appointing persons to administer the living estate of those found to be mentally incompetent based on provincial/territorial standards; and
  • appointing persons to administer the estates of Indian minors.

Client Group

First Nation individuals who ordinarily reside on reserve.

Summary

Living estate administration is a private family matter; as such the Living Estates Program's goal is to empower First Nation members to administer the living estates of Indian minors and mentally incompetent Indians who are ordinarily residents on a reserve.

The department's role is that of “Administrator of last resort.” A departmental administrator will only be appointed as a last resort if no eligible non-departmental individual is willing and able to administer the estate.

Additional Information

For more information about living estates, please see our online estates publications or contact your regional AANDC office.

For more information, contact AANDC toll-free at 1-800-567-9604.