Time Limits for Making a Claim Against an Estate in Manitoba

If you think you have a claim against an estate, the first question is usually how long you have. Waiting can cost you options, especially once an estate starts being distributed.

This article focuses on the deadline for a dependant's claim under The Dependants Relief Act, and then touches on other kinds of estate disputes. Deadlines vary with the type of claim, so confirm yours with a lawyer.

This article covers the law of Manitoba.

The main deadline for a dependant's claim

A dependant's application under The Dependants Relief Act is subject to a limitation period of up to six months from the grant of probate or letters of administration, and generally no application may be made after that period ends. The clock therefore starts with the grant, not with the death.

The Act applies to deaths on or after 1 July 1990, and The Testators Family Maintenance Act continues to apply to earlier deaths. If the death was long ago, ask a lawyer which law governs.

When the court may allow a late claim

The court can allow a later application against the undistributed estate in some situations. Those are where the dependant:

• Did not learn of the death until after the period ended.
• Did not need support until after the period ended.
• Was prevented from applying by circumstances beyond their control.

Notice that the late route reaches only the undistributed estate. If the money has already been paid out, there may be little left to reach, so do not count on an extension.

Why acting early protects your position

Once notice of the application is served on the personal representative, they must not distribute the estate until the court decides, unless all eligible persons consent or the court orders otherwise. A representative who distributes in breach is personally liable. The representative may still advance funds for the immediate needs of dependants who are beneficiaries.

The court can also suspend all or part of the administration of the estate for the time and extent it decides. If you urgently need financial help before the main questions are decided, it may make an interim order after service on the personal representative.

The court may treat an application as made on behalf of all persons who could apply, and for limitation purposes it is deemed to be made on their behalf. Do not rely on that to protect you. File your own claim.

Other kinds of estate claims

Not every dispute is a dependant's claim. If you doubt that a will is valid, for example because it was not signed and witnessed as required, that is a separate type of challenge. Some wills are valid without witnesses, such as a holograph will wholly in the testator's handwriting and signed at its end.

One way to pause a grant is a caveat, filed with the registrar or a deputy registrar on Form 75A. Generally, no grant issues until the application has been returned with the registrar's certificate that no other application exists. A caveat works by holding up a grant, and the court can also suspend all or part of the administration of the estate on a dependant's application, so how these steps fit together with any deadline depends on your situation. Ask a lawyer about the rule that applies to you.

What to do next

• Find out whether probate or letters of administration have been granted, and when.
• Write down the date of the grant and the date you learned of the death.
• Do not wait for the estate to be distributed before getting advice.
• Collect documents about your relationship with the deceased and your financial situation.
• Ask a Manitoba lawyer which deadline applies to your type of claim and whether a late application is possible.

Frequently asked questions