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Wills & Estates

Can a will be challenged after probate is granted in Manitoba?

TSL Written by the Treadstone Law Team· Updated November 6, 2026

This answer covers the law of Manitoba.

Probate is not always the final word. A grant of probate can still be contested in some cases, because Manitoba's Surrogate Practice Act deals with proceedings to revoke probate and lets people with an interest in the affected property be summoned and join as parties, subject to the rules and the court's discretion.

Common reasons include a will that missed the signing and witnessing rules, though a fully handwritten will signed at its end can be valid without witnesses, or a later valid will that revoked the earlier one. Before granting probate, a judge must be satisfied the will was properly executed and the testator appeared to be of sound mind and of age. While a suit over revoking a grant is pending, the court may appoint an administrator who cannot distribute the estate. A caveat holds up a grant before it issues, so it is a different step.

A separate claim has a clearer clock. A dependant asking for support from the estate generally has up to six months from the grant, with limited exceptions for late applications. Whether another deadline applies to challenging the will itself depends on the facts, so speak with a lawyer promptly.

Key takeaways

  • Manitoba's Surrogate Practice Act deals with proceedings to revoke probate, so a grant is not always final.
  • A will that fails the signing and witnessing rules, or that was revoked by a later valid will, can be challenged, though the court may still give effect to a document that misses the formalities if it shows the deceased's testamentary intentions.
  • A caveat holds up a grant before it issues, so it is a different step from contesting probate already granted.
  • A dependant's claim for support generally has a six-month limit from the grant, while other deadlines depend on the facts and are worth confirming with a lawyer.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone wills & estates lawyer can help.

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Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

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