Laws, Requirements, Probate, Executors, and Estate Planning in Manitoba

Creating a Will is one of the most important legal steps Manitobans can take to protect their families and ensure their assets are distributed according to their wishes. A properly written Will determines who inherits your property, who manages your estate, and who will care for minor children if something happens to you.

Despite its importance, many adults in Manitoba do not have a Will. Some believe they do not have enough assets to justify estate planning, while others assume their spouse will automatically inherit everything. In reality, any adult in Manitoba who owns property, savings, or has dependents should consider creating a Will.

This complete guide explains everything you need to know about making a Will in Manitoba, including:

Legal requirements for a valid Will
What happens if you die without a Will
Executor duties and responsibilities
Probate and estate administration
What assets are included in your estate
When to update your Will
How to create a legally valid Will

What Is a Will?

A Will (Last Will and Testament) is a legal document that sets out how your estate should be managed and distributed after your death.

Your Will allows you to:

Decide who inherits your assets
Appoint an executor to administer your estate
Name guardians for minor children
Leave gifts to charities
Provide instructions for personal belongings

Your estate may include:

Real estate
Bank accounts
Investments
Vehicles
Personal belongings
Business interests

Without a Will, your estate will be distributed according to Manitoba’s intestacy laws, which may not reflect your wishes.

Why Having a Will in Manitoba Is Important

Many people assume estate planning is only necessary for wealthy individuals. In reality, anyone with assets or dependents should have a Will.

A Will helps ensure:

Your Assets Go to the People You Choose

Without a Will, the law determines who inherits your estate.

Your Executor Is Someone You Trust

Your executor is responsible for administering your estate and carrying out your instructions.

Your Children Are Protected

Parents can name guardians for minor children in their Will.

Family Disputes Are Reduced

Clear instructions reduce confusion and conflict among family members.

Estate Administration Is Simpler

A properly prepared Will helps streamline the probate process.

Laws Governing Wills in Manitoba

Wills in Manitoba are governed primarily by The Wills Act (Manitoba) and estate administration legislation.

These laws set out:

Who can make a Will
How a Will must be signed and witnessed
What happens when someone dies without a Will
The legal process for administering estates

Understanding these rules helps ensure your Will is legally valid.

Legal Requirements for a Valid Will in Manitoba

To be legally valid in Manitoba, a Will must meet several requirements.

1. You Must Be at Least 18 Years Old

In most cases, you must be 18 years of age or older to create a Will in Manitoba.

Certain exceptions may apply for married individuals or members of the armed forces.

2. Testamentary Capacity

You must understand:

That you are making a Will
The nature of your property
Who might reasonably expect to benefit from your estate

This legal ability is called testamentary capacity.

3. The Will Must Be in Writing

A valid Will must be written. Acceptable formats include:

Typed Wills
Printed Wills
Handwritten Wills

4. The Will Must Be Signed

The person creating the Will (the testator) must sign the document.

5. The Will Must Be Witnessed

The Will must be signed in the presence of two witnesses, who must also sign the Will.

Important rules:

Witnesses should not be beneficiaries
Witnesses should not be the spouse of a beneficiary

If a beneficiary acts as a witness, their inheritance may be invalid.

What Happens If You Die Without a Will in Manitoba?

If someone dies without a Will, they are considered to have died intestate.

In this situation, Manitoba inheritance laws determine how the estate is distributed.

If You Have a Spouse and Children

Your spouse receives a preferential share of the estate.

The remaining portion is typically divided between the spouse and children.

If You Have a Spouse but No Children

Your spouse generally inherits the entire estate.

If You Have Children but No Spouse

Your children inherit the estate equally.

If You Have No Immediate Family

Your estate may pass to:

Parents
Siblings
Extended relatives

If no relatives can be found, the estate may go to the Government of Manitoba.

What Assets Are Included in Your Estate?

Your Will applies to assets that form part of your estate.

These may include:

Real estate
Bank accounts
Investments
Vehicles
Personal belongings
Business interests

Assets That May Bypass a Will

Some assets may transfer directly to beneficiaries outside the Will.

Examples include:

Jointly Owned Property

Joint property often passes automatically to the surviving owner.

Registered Accounts

Accounts such as:

RRSPs
TFSAs
pensions

may have designated beneficiaries.

Life Insurance

Insurance benefits typically go directly to the named beneficiary.

Choosing an Executor in Manitoba

An executor is responsible for administering your estate.

Executor duties include:

Locating the Will
Identifying estate assets
Paying debts and taxes
Applying for probate
Distributing assets to beneficiaries

Who Can Be an Executor?

Common choices include:

A spouse
An adult child
A trusted friend
A professional advisor

Choose someone who is responsible, organized, and trustworthy.

Probate in Manitoba

Probate is the legal process that confirms the validity of a Will and gives the executor authority to administer the estate.

Probate may be required when:

Real estate must be transferred
Financial institutions require legal confirmation
The estate includes significant assets

The probate process generally involves filing documents with the Court of King’s Bench in Manitoba.

Probate Fees in Manitoba

Manitoba charges probate fees based on estate value.

Currently, probate fees are approximately:

$7 per $1,000 of estate value

Example:

An estate worth $500,000 may pay approximately $3,500 in probate fees.

How to Make a Will in Manitoba

There are several ways to create a Will.

1. Hiring an Estate Lawyer

A lawyer can help prepare a Will that reflects your personal circumstances.

Typical cost:

$500 – $2,500+

Recommended for:

complex estates
blended families
business owners

2. Using an Online Will Service

Online Will platforms allow you to create a legally structured Will by answering guided questions.

Benefits include:

lower cost
convenience
quick completion
step-by-step guidance

3. Writing a Handwritten Will

Handwritten Wills may be valid but can lead to legal complications if unclear.

Professionally prepared Wills are usually recommended.

When Should You Update Your Will?

Your Will should be reviewed regularly.

Common reasons to update a Will include:

marriage
divorce
birth of a child
buying property
starting a business
significant financial changes
death of a beneficiary or executor

Experts recommend reviewing your Will every three to five years.

Where Should You Store Your Will?

Your original signed Will should be stored in a safe location.

Common options include:

a home safe
a lawyer’s office
a safety deposit box
secure document storage services

Your executor should know where the original Will is located.

Frequently Asked Questions About Wills in Manitoba

Do Wills expire in Manitoba?

No. A Will remains valid until it is replaced or revoked.

Do Wills need to be notarized in Manitoba?

No. A Will does not need to be notarized if it is properly signed and witnessed.

Can I write my own Will?

Yes, but mistakes in wording or signing may cause legal problems.