Last month, Monfwi MLA Jane Weyallon Armstrong told her colleagues in the legislative assembly that at least 50 people in the Tlicho communities of Behchoko, Whati, Gameti and Wekweeti do not technically own their own homes.
The issue, she explained at the time, stems from a difficulty transferring land and property titles between people. In some cases, the problem has arisen when an Elder passes away, and the property they intended to leave to their children remains in their own name SA国际影视传媒� sometimes for years on end. In other instances, Elders have attempted to transfer their property into their children's names, only to be slowed down by red tape. In either situation, the solution can be very complicated.
Following her initial mention of the issue in February, Weyallon Armstrong officially submitted four written questions to Premier R.J. Simpson on March 13.
Protocol dictates Simpson has 30 days to provide an answer to those questions. However, Department of Justice spokesperson Thomas Ethier has already acknowledged the issues Weyallon Armstrong brought forth.
He encouraged residents in the Tlicho communities and elsewhere to take precautions when it comes to property title transfers.
"Navigating the legal complexities of estate administration, including dealing with real property, is a common experience which all Canadians will face at some point in their lives," he told SA国际影视传媒. "It's entirely understandable for people to feel overwhelmed by the legal system and the need to prepare court documents and potentially appear in court to administer an estate during a very difficult time.
"Stories like these, unfortunately, are not uncommon across Canada," he continued. "They underscore the importance of having a well-drafted last will and testament. Tragic events can occur unexpectedly, and having a will can significantly streamline the estate administration process, minimizing potential conflicts and ensuring the deceased's wishes are honoured. Furthermore, proper estate planning can spare a family from unnecessary costs, pain, and frustration during an already difficult time, like those we are hearing about from Tlicho communities being raised by the Member for Monfwi.
"It is important that individuals do not wait years to apply for probate or administration after the passing of a family member or friend. The Public Trustee can be appointed as the administrator when estates meet the officeSA国际影视传媒檚 criteria. In other instances, individuals will need to apply on their own behalf or hire a lawyer to represent the estate."
As Ethier said, hiring a lawyer can greatly mitigate the challenges associated with transferring titles between family members and friends. However, as Weyallon Armstrong pointed out in the legislative assembly, doing so can be very expensive, often costing up to $40,000.
Ethier acknowledged that hurdle, and admitted that "access to justice remains a significant challenge, especially in the Northwest Territories."
"There are a limited number of wills and estate lawyers in the NWT, some communities do not have any lawyer, and the cost of legal services can create barriers to justice," he added.
However, Ethier also noted that the GNWT strives to make its processes as straightforward as possible for the average person, and that resources are available to make things easier on residents.
"The GNWT estate and real estate legal systems are designed to be navigable by individuals themselves, with readily available documents, guides, and public servants who can answer questions," he said. "Nevertheless, it is important to remember that legal complexities can arise and seeking legal advice should be considered."
