Who can apply to administer an estate with no will in Manitoba?
This answer covers the law of Manitoba.
In Manitoba, a relative who lives in the province can apply to administer an estate when there is no will, and if no relative does, the Public Guardian and Trustee (PGT) can apply instead. Which relative ranks first when several want the role depends on the facts, so a lawyer can confirm the order for your family.
The PGT describes itself as an administrator of last resort, acting only when no one else is willing, capable and appropriate, such as when no one resident in Manitoba can act or there is a dispute. Unless the court orders otherwise, the PGT cannot apply until 30 days after death where there is no will. It also does not have to accept the role just because it has the power, unless a court orders it.
If the PGT is appointed and a family member is willing to take over, the court may revoke the grant and issue it to another eligible person. The applicant must serve the PGT at least 10 days before the hearing, and if all interested persons are capable adults who consent, the PGT must not oppose. Being the administrator is separate from inheriting, which follows The Intestate Succession Act.
Key takeaways
- A Manitoba-resident relative may apply to administer an estate with no will, and if none does, the Public Guardian and Trustee can apply.
- The Public Guardian and Trustee describes itself as an administrator of last resort, used where no one is willing, capable and appropriate, or where there is a dispute.
- Unless the court orders otherwise, the Public Guardian and Trustee cannot apply until 30 days after death where there is no will.
- A court can revoke a grant made to the Public Guardian and Trustee and issue it to another eligible person, with at least 10 days' notice to the Public Guardian and Trustee.