How do I contest a will in Manitoba and what steps are involved?
This answer covers the law of Manitoba.
You contest a will in Manitoba by going to the Court of King's Bench, which has jurisdiction over testamentary matters. There are two main routes: challenging whether the will is valid, or asking the court to order support for a dependant who is in financial need.
To challenge validity, a failure to meet the signing and witnessing formalities is one ground. A later will or revocation can also defeat an earlier will. You can file a caveat with the registrar or a deputy registrar, and unless the court orders otherwise, no grant of probate or letters of administration issues until the application has been returned with the registrar's certificate that no other application exists.
A dependant's claim has a limitation period of up to six months from the grant of probate or letters of administration. A late application is possible only in limited cases. An adult child has no automatic claim: the Act covers a child only if they were under 18, unable to support themselves, or substantially dependent on the deceased, and the applicant must also be in financial need. A lawyer can confirm the deadlines and grounds that apply to you.
Key takeaways
- A caveat is filed with the registrar or a deputy registrar, and unless the court orders otherwise, no grant issues until the application has been returned with the registrar's certificate that no other application exists.
- A will can be challenged if it was not signed and witnessed as required, or if a later will or revocation defeats it.
- A dependant in financial need can ask the court for support from the estate even where the will says otherwise.
- Deadlines matter, because a dependant's application generally cannot be made after the limitation period ends.