Indigenous and Northern Affairs committee  If the matter is referred to the court, the court will make an order with regard to the validity of the will and whether any portion should be struck out as invalid. From that point, the court could also determine the rest of the issues of the will, such as who is going to receive the land.

Indigenous and Northern Affairs committee  Yes.

Indigenous and Northern Affairs committee  In that case section 50 could apply to their estate if their will provided for a number of beneficiaries who would be non-band members. For example, you might say, “I give my house to my grandchildren in equal shares”, and some of the grandchildren are band members and some of them are members of a different band.

Indigenous and Northern Affairs committee  The clock starts running when the minister advertises the sale. That could be six months after the death; it could be six years after the death and the estate still remains not administered.

Indigenous and Northern Affairs committee  I think it's interesting to know that section 50 applies to Indians who weren't normally resident on reserve at the time of their death. Half of the Indians in this country live off reserve, so section 50 applies to only half of the estates. For the Indians who are living off reserve and die off reserve at the time of their death, section 50 never becomes a problem for the department to administer the will.

Indigenous and Northern Affairs committee  Yes, powers of attorney are made by first nations people, the same as any other Canadians.

Indigenous and Northern Affairs committee  No, I don't believe so.

Indigenous and Northern Affairs committee  Yes, it does.

Indigenous and Northern Affairs committee  Yes, I can clarify that what is excluded under the First Nations Land Management Act is the role of the minister to approve the transfers. Under section 49, the minister would approve the transfer from the deceased to the living and under the FNLMA, the first nation would take on that role.

Indigenous and Northern Affairs committee  Yes, it can. It's still a valid will, and in place of a document that was normally obtained from a court of letters probate, the estate would receive a document from the minister approving the will and appointing an executor who would then have the authority to deal with off-reserve assets, including land.

Indigenous and Northern Affairs committee  That's right. It's a simple system.

Indigenous and Northern Affairs committee  That could be an issue, and there is a provision in section 48 of the Indian Act that the minister has the authority to transfer some of that $75,000 to the children to relieve hardship. That is not an application that I've heard raised; it just doesn't seem to come up.

Indigenous and Northern Affairs committee  Then the process is there and the court then has those powers that the minister doesn't have to sit, convene court, issue subpoenas, hear witnesses, and adjudicate their credibility.

Indigenous and Northern Affairs committee  Yes, absolutely, that's what we do. We look for the closest family relative, and that's usually what guides us. We do have a policy and we look for somebody who is willing and has an interest in administering the estate.

Indigenous and Northern Affairs committee  I don't know. I don't have that information here today. We'll have to get back to you.