How Do I Find Out If Someone in Manitoba Left a Will?
This answer covers the law of Manitoba.
Start with the places a will is most often kept: the person's papers at home, their bank, and any lawyer they used. A lawyer can confirm whether other searches are available in Manitoba.
Keep the person's personal papers together and available, since they can help identify next of kin. If the Public Guardian and Trustee (PGT) is managing the property of someone it looked after, it must search thoroughly for a will. What you find also affects timing: unless the court orders otherwise, the PGT cannot apply to administer until 120 days after death if there is a will, or 30 days if there is none.
If no will turns up, the estate generally passes under The Intestate Succession Act. A surviving spouse or common-law partner takes the entire estate if there are no children or other descendants, or if all of the descendants are also the partner's. Where some children are not also the partner's, the partner takes the greater of $50,000 or one-half of the estate, plus one-half of what remains. A death certificate from Manitoba Vital Statistics costs $30.00.
Key takeaways
- Start with the person's own papers, their bank and any lawyer they used, and keep their personal papers available because they can help identify next of kin.
- When the Public Guardian and Trustee is managing the property of someone it looked after, it must search thoroughly for a will.
- Unless the court orders otherwise, the Public Guardian and Trustee cannot apply to administer until 120 days after death if there is a will, or 30 days if there is none.
- A Manitoba Vital Statistics death certificate costs $30.00, and any person with a valid reason may apply for one.