Indian Act (R.S.C., 1985, c. I-5)
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Act current to 2024-11-26 and last amended on 2019-08-15. Previous Versions
Marginal note:Powers of Minister with respect to property of deceased Indians
42 (1) Subject to this Act, all jurisdiction and authority in relation to matters and causes testamentary, with respect to deceased Indians, is vested exclusively in the Minister and shall be exercised subject to and in accordance with regulations of the Governor in Council.
Marginal note:Regulations
(2) The Governor in Council may make regulations providing that a deceased Indian who at the time of his death was in possession of land in a reserve shall, in such circumstances and for such purposes as the regulations prescribe, be deemed to have been at the time of his death lawfully in possession of that land.
Marginal note:Application of regulations
(3) Regulations made under subsection (2) may be made applicable to estates of Indians who died before, on or after September 4, 1951.
- R.S., c. I-6, s. 42
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