Who Inherits in Manitoba When There Is No Will, No Spouse and No Children?

When a single person with no children dies without a will, relatives are often unsure whether they inherit anything. There is no one named in a document, so the law decides who is entitled and in what order.

In Manitoba, that order comes from The Intestate Succession Act. This article walks through the order, how shares are divided, and what a possible heir can do to find out where they stand.

This article covers the law of Manitoba.

The order of inheritance when there is no spouse or partner

The Intestate Succession Act (C.C.S.M. c. I85) sets out who takes the estate of a person who dies without a will, called an intestate. Where there is no surviving spouse or common-law partner, the whole estate goes first to the intestate's issue, meaning children and then more remote descendants.

If there are no surviving descendants, the estate moves down the list. Each step applies only if nobody is left at the step before it.

The facts for this table come from the Act's provisions on parents, the parents' issue, more distant relatives and the Crown.

Parents, siblings, nieces and nephews

If there is no surviving issue, the estate goes to the parents in equal shares, or to the surviving parent if only one is alive. A surviving parent does not share with siblings; the estate moves on to the siblings only when there is no parent.

If there is no issue and no parent, the estate goes to the issue of the parents. In everyday terms, that means the deceased's brothers and sisters, and the children of a brother or sister who has died.

• A living parent generally ends the search, because the estate goes to the parent or parents before siblings are considered.
• Siblings are next only if neither parent survives.
• A niece or nephew can inherit only through a sibling who has died, and takes in that sibling's place.

How shares are divided among relatives

Under section 5, the estate is divided into as many shares as there are surviving successors in the nearest degree of kinship to the intestate, plus any deceased persons in that degree who left surviving issue. Each surviving successor in the nearest degree takes one share.

In plain words, imagine three siblings, one of whom has died leaving two children. That gives three shares: one for each living sibling and one for the deceased sibling's line, which is then shared by that sibling's children. This is an illustration of how the rule works, and the exact outcome in a real estate depends on the family tree.

If no one is left in the nearer groups, grandparents and their issue come next, and then great-grandparents. More distant branches of the family can be complicated, so a lawyer can confirm who qualifies.

The 15-day survival rule and when the Crown takes the estate

A person who does not survive the intestate by 15 days, not counting the day of death of each, is treated as having died before the intestate. This can change who is entitled when two relatives die close together.

There is an exception. The 15-day rule is not applied if applying it would result in the estate going to the Crown.

The Crown takes the estate only when there is no successor under the Act. For that reason, a distant relative may still be entitled even when closer family is gone.

What to do next if you may be an heir

Debts come first. The estate's assets must cover debts before beneficiaries inherit, and paying debts is one of the administrator's tasks. Funeral and burial costs can be arranged by next of kin or a friend, and the estate pays.

• Work out your relationship to the deceased and who else is in the same or a closer group.
• Gather names and dates for parents, siblings and any deceased siblings with children.
• Keep the deceased's personal papers available, because they can help identify next of kin.
• Decide whether a relative who lives in Manitoba is willing to act as administrator, because the PGT describes itself as an administrator of last resort.
• Contact the Public Guardian and Trustee (PGT) if no one is stepping forward.

The PGT describes itself as an administrator of last resort, acting only when no one else is willing, capable and appropriate. To reach the PGT about a deceased estate, call the office, say it is about a deceased estate, and give the deceased's last name. You are connected to the Estates Department. Someone who may be an heir should give the deceased's last name and their relationship. The PGT does not charge for this.

The Winnipeg office is at Suite 500, 155 Carlton Street, R3C 5R9, telephone (204) 945-2700, email PGT@gov.mb.ca. The Brandon office is at 340 - 9th Street, Rm. 131, R7A 6C2, telephone (204) 726-7025. The toll-free number is 800-282-8069, and unscheduled drop-in service is not available.

If the family tree is unclear, or relatives disagree, a lawyer can review the facts with you before you take steps.

Frequently asked questions