- A spouse or common-law partner takes the entire estate if there are no descendants or all descendants are shared with the survivor.
- If some children are not the survivor's, the survivor takes the greater of $50,000 or half, plus half the remainder.
- If no one qualifies under the Act, the estate goes to the Crown.
When there is no valid will, The Intestate Succession Act decides who inherits. Your place in the order depends on your relationship to the person who died.
This article explains the order of heirs, how shares are divided, and the situations where a spouse or partner may be treated differently.
This article covers the law of Manitoba.
The order of heirs
| Situation | Who inherits |
|---|---|
| Spouse or common-law partner, no descendants | The survivor takes the entire estate |
| Survivor and descendants, all shared | The survivor takes the entire estate |
| Survivor and some descendants not shared | Survivor's set share, remainder to descendants |
| No survivor | Children, then more remote descendants |
| No descendants | Parents in equal shares, or the surviving parent |
| No descendants or parents | Siblings, and nieces and nephews through a deceased sibling |
| Still no one | Grandparents and their descendants, then great-grandparents |
| No successor at all | The Crown |
Spouses and common-law partners
Where some of the deceased's descendants are not also the survivor's, the survivor takes the greater of $50,000 or one-half of the estate, and one-half of any remainder after that share. Manitoba's government summarizes this as at least 75% to the survivor, with the children sharing at most 25%.
A common-law partner has the same share as a spouse. A common-law partner is someone who registered the relationship under The Vital Statistics Act, or who lived with the deceased in a conjugal relationship for at least three years, or at least one year if they are together the parents of a child.
How shares are divided among descendants
Descendants are divided into as many shares as there are surviving members of the nearest degree of kinship plus deceased members of that degree who left surviving descendants. Each surviving member of the nearest degree takes one share. In plain terms, if a child has died leaving children of their own, those grandchildren generally share that child's portion.
A person who does not survive the deceased by 15 days, not counting the day of death of each, is treated as having died first. That rule does not apply if applying it would send the estate to the Crown.
When a survivor is treated as having died first
- Separated spouses: a spouse is excluded if they were living separate and apart at death and a divorce or Family Property Act application was made, or they divided their property.
- Separated common-law partners: excluded if a registered relationship was dissolved before death, or for an unregistered relationship three years had passed since they began living apart, or an accounting application was made, or they divided their property.
- Several partners: if the deceased had a spouse and a common-law partner, the most recent relationship takes priority for intestate purposes, though other partners may still apply under the Family Property Act.
A survivor excluded from an intestate share may still apply for an accounting and equalization under the Family Property Act if property matters were not already settled, and may also have rights under The Homesteads Act. A separated spouse's Family Property Act rights take priority over rights under The Intestate Succession Act.
What to do next
- List the deceased's family members: spouse or partner, children, parents, siblings.
- Note whether the deceased was separated and whether any agreement or property division exists.
- Find any separation or relationship documents.
- Ask a Manitoba lawyer to confirm who qualifies and who should apply to administer the estate.
Frequently asked questions
Do stepchildren inherit?
The Act speaks of the deceased's descendants. Whether a particular relationship qualifies depends on the facts, so a lawyer can confirm.
What if there are no relatives at all?
If there is no successor under the Act, the estate goes to the Crown.
Can a spouse claim more than the intestate share?
A surviving spouse or common-law partner may apply under the Family Property Act for equalization, but the payment is reduced by any share taken under the Intestate Succession Act. The time limit is six months from the grant.
Does a divorce affect inheritance?
A spouse who was living separate and apart at death may be treated as having died first if certain steps were taken, such as a divorce or property application.
Sources
- The Intestate Succession Act, C.C.S.M. c. I85 — web2.gov.mb.ca
- Manitoba Family Law – Inheritance and benefits — manitoba.ca
- The Family Property Act, C.C.S.M. c. F25 — web2.gov.mb.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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