- When there is no will and no surviving spouse or common-law partner, the estate goes to relatives in a set order, starting with children and other descendants.
- If there are no descendants, the estate moves to parents, then to siblings and their children, then to grandparents and great-grandparents.
- The Crown takes the estate only when no relative qualifies under the Act.
When someone dies without a valid will, Manitoba law decides who receives the estate. This is called intestacy, and the rules are in The Intestate Succession Act. If the person had no surviving spouse or common-law partner, the estate passes to relatives in a fixed order set by the Act.
This article walks through that order, explains how shares are divided among descendants, and shows how a short survival rule can change who inherits. It does not cover the split between a spouse and children, or what happens when no relatives can be found.
This article covers the law of Manitoba.
The order of relatives
With no spouse or partner taking a share, the whole estate goes first to the deceased's issue, meaning children and then more remote descendants such as grandchildren. Relatives further down the list inherit only if nobody higher up survives.
| Step | Who inherits | Rule |
|---|---|---|
| 1 | Children, then more remote descendants | Section 4 and the section 5 sharing rules |
| 2 | Parents, in equal shares, or the surviving parent | Section 4(3) |
| 3 | Brothers and sisters, with nieces and nephews taking through a deceased sibling | Section 4(4) |
| 4 | Grandparents and their issue, then great-grandparents | Section 4(5) and (6) |
Parents inherit only if there is no surviving issue. Siblings and their children inherit only if there is no issue and no parent.
How shares are divided among descendants
Section 5 sets out how issue share the estate. The estate is divided into as many shares as there are surviving relatives in the nearest degree of kinship to the person who died, plus deceased persons in that degree who left surviving issue. Each surviving person in the nearest degree takes one share.
In plain terms, if the deceased had three children and one of them has died leaving children of their own, there are three shares. The two living children each take a share, and the share of the deceased child is divided among that child's own descendants. How shares are divided among other relatives, such as siblings or grandparents, depends on the family's facts, so it is worth confirming with a lawyer.
- A living child takes a full share in their own right.
- A deceased child who left surviving descendants is counted, so their descendants share that child's portion.
- A deceased child who left no descendants is not counted.
The 15-day survival rule
A person who does not survive the deceased by 15 days, not counting the day of death of each, is treated as having died before the deceased. This matters when a relative dies shortly after the person whose estate is being sorted out. That relative is treated as if they had never inherited, and the estate moves on to the next person entitled.
There is an exception. The 15-day rule does not apply if applying it would send the estate to the Crown. In that case the relative who survived, even briefly, is not set aside.
When the Crown takes the estate
If there is no successor under the Act, the intestate estate goes to the Crown. That is a last step, and it applies only when no relative in the order above qualifies. Relatives such as grandparents and their issue, and great-grandparents, take under the Act before the Crown does.
Whether a particular relative qualifies can turn on details such as whether someone survived the 15 days, so it is worth confirming the family tree carefully before assuming nobody is entitled.
What to do next
- Confirm there is no will, and check for any older or later versions before treating the estate as intestate.
- Confirm that there is no surviving spouse or common-law partner who would take a share.
- Write out a family tree showing parents, children, siblings and any who have died, with dates of death.
- Note anyone who died within 15 days after the deceased, since that affects who is treated as surviving.
- Speak with a lawyer about applying for authority to administer the estate and about how the shares work in your family.
Frequently asked questions
Do my parents inherit if I die with no spouse and no children?
Not in every case. Parents inherit only if there is no surviving issue, and issue includes grandchildren and more remote descendants, so a surviving grandchild would come first. If there is no surviving issue, the estate goes to the parents in equal shares, or to the surviving parent. Siblings would inherit only if there were no parent.
Do nieces and nephews inherit?
They can. If there is no issue and no parent, the estate goes to the issue of the parents, which includes siblings and nieces and nephews taking through a deceased sibling.
What if a relative dies a few days after the person who died?
A person who does not survive by 15 days, excluding the day of death of each, is treated as having died first. The exception is where that rule would result in the estate going to the Crown.
When does the government get the estate?
Only if there is no successor under the Act. Relatives such as parents, siblings, grandparents and their issue, and great-grandparents can take under the Act. Whether the Crown ends up with an estate depends on the family's facts, so it is worth confirming with a lawyer.
Sources
- The Intestate Succession Act, C.C.S.M. c. I85 — web2.gov.mb.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a wills & estates question
A single will with us is from $628.95, tax included. Third-party fees are extra.