How do I contest a will in Manitoba, and what happens after I file?
This answer covers the law of Manitoba.
You contest a will in Manitoba through the Court of King's Bench, which has jurisdiction over testamentary matters. A common first step is a caveat, filed with the registrar or a deputy registrar on Form 75A, which is headed "Let nothing be done" in the estate. The form lets you state your reason, such as lack of testamentary capacity or undue influence.
A caveat matters because no grant generally issues until the application comes back with the registrar's certificate that no other application exists. If the probate application becomes contested, a judge may add or remove parties, give directions, and order a pre-trial conference, after which the application is treated as an action. While a dispute over a will's validity is pending, the court may appoint an administrator, who cannot distribute the estate.
Grounds can include a will not signed and witnessed as the law requires, or a later will or revocation that defeats the earlier one. The court can also give effect to a document that misses the formalities if it is satisfied the document shows the deceased's testamentary intentions. Deadlines, costs and the strength of your grounds depend on your facts, so speak with a lawyer before filing.
Key takeaways
- Testamentary matters, including will disputes, belong to the Court of King's Bench.
- A caveat on Form 75A is filed with the registrar or a deputy registrar and tells the court to let nothing be done in the estate.
- A caveat holds up a grant because no grant issues until the registrar certifies that no other application exists, unless the court orders otherwise.
- Once a probate application is contested, a judge can add or remove parties and give directions, including a pre-trial conference, after which it is treated as an action.