ARNA Estate Planning

How Indigenous Business & Trust Structures Work Together

Estate planning within ARNA (the Aboriginal Republic of North America) is not approached as a single document or entity choice. It is approached as a coordinated system—one that separates function, ownership, and protection in order to preserve continuity, accountability, and lawful governance across generations.

Throughout this series, we have examined:

  • the legal foundations of property rights

  • the role of Indigenous Irrevocable Trusts

  • the difference between entity structure and tax reporting

  • and how to select the appropriate business entity

This final article brings those components together to show how Indigenous business entities, trusts, and estate planning instruments work as a unified architecture within ARNA.

Estate Planning Is a System, Not a Product

A common misconception—especially influenced by commercial estate planning—is that a single document or entity can accomplish everything.

Within ARNA, estate planning is understood as:

  • a system of roles

  • a separation of functions

  • a continuity framework

No single entity is meant to:

  • operate day-to-day activity

  • hold all assets

  • absorb all liability

  • and protect the estate

Attempting to do so creates risk rather than security.

The Core Layers of the ARNA Economic & Estate Framework

ARNA’s approach emphasizes layered responsibility, where each component serves a distinct purpose.

Governance & Authority Layer

At the highest level, governance entities—such as 508(c)(1)(A) Tribal Faith-Based Organizations and recognized councils—provide:

  • political and ecclesiastical authority

  • policy alignment

  • jurisdictional grounding

  • state exemption to members

These entities do not operate personal commerce. They establish framework and oversight.

Operating Entity Layer

Operating entities exist to conduct activity.

Examples include:

  • Tribal Unincorporated Associations (UA)

  • Tribal LLCs

  • State-registered LLCs (where required)

These entities:

  • generate revenue

  • enter contracts

  • employ or engage workers

They are exposed to operational risk by design, which is why they are not used to hold long-term assets.

Ownership & Asset Layer

Ownership is intentionally separated from operations.

This layer may include:

  • Holding Companies

  • intellectual property entities

  • asset-specific ownership vehicles

These entities:

  • own assets

  • license use to operating entities

  • reduce exposure

Ownership is not activity. It is control and stewardship.

Estate Protection Layer: Indigenous Irrevocable Trust

At the foundation of long-term continuity sits the Indigenous Irrevocable Trust, available only to ARNA nationals and IPA members pursuant to ARNA National Jural Society enactments.

The trust:

  • holds qualifying assets

  • preserves estate intent

  • protects continuity across time

It is not an operating entity and not a substitute for governance or business structures.

Its role is preservation, not production.

Why Separation of Function Matters

Each layer exists to answer a different question:

  • Who governs?

  • Who operates?

  • Who owns?

  • Who protects long-term interests?

When these questions are answered by different structures, the system becomes resilient.

When they are collapsed into one entity, risk compounds.

Eligibility, Authority, and Discipline

Not every structure is available to everyone, and not every structure is appropriate for every purpose.

Within ARNA:

  • trust eligibility is limited

  • jurist review is required

  • enactments govern procedure

This discipline is intentional. It ensures that estate planning is:

  • lawful

  • defensible

  • aligned with Indigenous political authority

How This System Preserves Continuity

When structured properly, the ARNA framework allows:

  • businesses to change without destabilizing estates

  • leadership to shift without loss of ownership

  • assets to endure beyond individual lifetimes

  • families to steward property responsibly

Continuity is not accidental. It is designed.

Join the Conversation

Many people approach estate planning with fragmented information and isolated tools.

We invite reflective, informed discussion.
If this series helped you see estate planning as a system rather than a product, share your thoughts in the comments below.

Reflection prompt:
Which layer of this framework was least explained to you before, and why do you think that gap exists?

Explore the Full Resource Library

To review the foundational materials referenced throughout this series, visit:

📚 Indigenous Legal & Economic Resource Library

Included resources:

This article is educational in nature and does not replace individualized jurist review, ARNA National Jural Society determinations, or formal estate documentation.

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How to Choose the Right Indigenous Business Entity in ARNA