Indian Act (R.S.C., 1985, c. I-5)

Marginal note:Minister may declare will void

• 46 (1) The Minister may declare the will of an Indian to be void in whole or in part if he is satisfied that

  • (a) the will was executed under duress or undue influence;

  • (b) the testator at the time of execution of the will lacked testamentary capacity;

  • (c) the terms of the will would impose hardship on persons for whom the testator had a responsibility to provide;

  • (d) the will purports to dispose of land in a reserve in a manner contrary to the interest of the band or contrary to this Act;

  • (e) the terms of the will are so vague, uncertain or capricious that proper administration and equitable distribution of the estate of the deceased would be difficult or impossible to carry out in accordance with this Act; or

  • (f) the terms of the will are against the public interest.

• Marginal note:Where will declared void

  (2) Where a will of an Indian is declared by the Minister or by a court to be wholly void, the person executing the will shall be deemed to have died intestate, and where the will is so declared to be void in part only, any bequest or devise affected thereby, unless a contrary intention appears in the will, shall be deemed to have lapsed.