Does a spouse inherit everything in Manitoba if there is no will?
This answer covers the law of Manitoba.
Not always. A surviving spouse or common-law partner takes the entire estate if the person who died had no children or other descendants. The spouse or partner also takes everything if all of the deceased's descendants, including grandchildren, are also descendants of the survivor.
The answer changes when some children are from another relationship. In that case the survivor takes the greater of $50,000 or one-half of the estate, plus one-half of any remainder, and the rest goes to the children. Manitoba's government describes this as at least 75% for the survivor and at most 25% shared by the children. The survivor also takes all if the estate is $50,000 or less.
A common-law partner has the same share as a spouse, and the Act defines a common-law partner by registration or by living together in a conjugal relationship for at least three years, or one year if they have a child together. A separated spouse may be treated as having died first, for example where a divorce or Family Property Act application was made. A lawyer can confirm how this applies to your family.
Key takeaways
- A spouse or common-law partner takes the whole estate if there are no descendants or all descendants are also the survivor's.
- If some children are from another relationship, the survivor gets the greater of $50,000 or half the estate, plus half of the remainder.
- Whatever the survivor does not take goes first to the children, then to more remote descendants.
- Separated spouses and separated common-law partners may be treated as having died first, but a survivor left out this way may still apply under The Family Property Act if property matters were not already settled.