PART VIII

WILLS AND ESTATES

78.

1. Westbank First Nation has jurisdiction in relation to the wills and estates of Members ordinarily resident on Westbank Lands who are Indians as defined under the Indian Act.



2. For greater certainty, the reference to "estates" in this Part means the property of deceased persons, Mentally Incompetent persons and infants.

79.

1. Until such time as the coming into force of the first Westbank Law enacted pursuant to the jurisdiction described in this Part, the definitions of "child", "estate", and "mentally incompetent Indian" referred to in section 2 of the Indian Act and sections 43 to 48, subsections 50(1) to 50(3) and sections 51 to 52.5 of the Indian Act continue to apply.



2. Until such time as the coming into force of any Westbank Law enacted pursuant to the jurisdiction described in this Part, section 42 of the Indian Act and regulations thereunder shall continue to apply to the extent of any conflict with Westbank Law passed under other jurisdictions set out in this Agreement.



3. Notwithstanding section 78 and subsection 79(a), wills and estates under administration prior to the exercise of jurisdiction by Westbank First Nation under this Part shall continue to be administered under the provisions of the Indian Act.



4. For greater certainty, wills and estates of individuals who die after the enactment of Westbank Law pursuant to subsection 78(a) shall be administered in accordance with Westbank Law.

80. The jurisdiction referred to in subsection 78(a) shall not extend to immoveable property off Westbank Lands.

81. Except as otherwise provided in this Agreement, in the event of a conflict between Westbank Law in relation to wills and estates and federal law, Westbank Law shall prevail to the extent of the conflict.

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