Why You Need a Will: Manitoba Estate Planning Guide

What Happens If You Die Without a Will in Manitoba?

When a person dies without a valid will, Manitoba's Intestate Succession Act determines who inherits the estate. If you are in a common-law relationship without a will, your partner may receive nothing under Manitoba's intestacy rules — a fact that shocks many people.

Who Needs a Will?

You need a will if you have children, a common-law partner, a home, investments, a business, or strong views about who should or should not inherit from you. In short, if you have any assets and any people you care about, you need a will.

What a Will Does

A will allows you to control your estate distribution, choose your executor, appoint a guardian for minor children, create trusts for minor beneficiaries, minimize family conflict, and reduce taxes and estate administration costs.

What Makes a Valid Will in Manitoba?

Under Manitoba's Wills Act, a formal will must be in writing, signed at the end by the testator, and signed in the presence of two witnesses who are not beneficiaries.

Common Mistakes in DIY Wills

DIY wills frequently create ambiguity, fail to account for blended families, omit residue clauses, and create unintended tax consequences. The cost of correcting a poorly drafted will vastly exceeds the cost of having it done properly.

Beyond a Will: A Complete Estate Plan

A comprehensive estate plan includes a Power of Attorney for Property, a Healthcare Directive, and up-to-date beneficiary designations on RRSPs, TFSAs, and life insurance policies.

Review Your Will Regularly

Review and update your will after marriage or divorce, birth of a child, death of a beneficiary, or any significant change in assets. As a general rule, review every three to five years.

This article is for general informational purposes only. For a will or complete estate plan, contact Ellan Law Corporation at 431-458-3526.