PART VIII
WILLS AND ESTATES
78.
- 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.
- For greater certainty, the reference to "estates" in this
Part means the property of deceased persons, Mentally Incompetent persons
and infants.
79.
- 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.
- 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.
- 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.
- 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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