Manitoba Estate Planning: Why a Legal Will is Essential

As an experienced will and estate lawyer in Manitoba, we often encounter clients who delay drafting a last will and testament, not realizing the serious legal and financial consequences of passing away without one. Many individuals underestimate the significant legal and financial consequences of dying without a will, known as dying intestate. A well-drafted will is fundamental for estate planning, safeguarding your assets, and ensuring your loved ones are protected according to the laws.

Understanding Intestacy: What Happens If You Die Without a Will in Manitoba?

If you pass away intestate (without a will) in Manitoba, your estate will be distributed according to The Wills Act. This can lead to unintended outcomes and complications, including:

1. You lose control over who inherits your estate. The law dictates how your assets are divided, regardless of your personal wishes or relationships.
2. Your spouse may not inherit everything. If you have children, your spouse may only receive a portion of your estate, with the rest going to your children even if they are minors.
3. Common-law partners may not be recognized automatically. Unlike legally married spouses, common-law partners must prove their relationship in court to claim any part of the estate.
4. Guardianship of minor children is left to the courts. Without a designated guardian in a will, the court decides who will care for your minor children.
5. The probate process becomes more complicated and expensive. Without clear instructions, settling your estate can take longer and cost more in legal fees.

 
Benefits of Having a Will in Manitoba: Securing Your Legacy:

By drafting a legally valid will in Manitoba, provides you with control over your estate and ensures your loved ones are taken care of. Advantages are:

1. Control over asset distribution. You decide who inherits your real estate, bank accounts, investments, and personal belongings and avoid Manitoba’s default intestate rule.
2. Guardianship for your minor Children. You can legally appoint a trusted guardian to raise your children if you pass away.
3. Protecting your common-law partner. You can provide for your common-law spouse and avoid legal disputes over inheritance disputes.
4. Minimizing taxes, probate and Legal Fees. Proper estate planning can reduce probate fees and potential estate taxes.
5. Preventing family conflicts. A clear, legally valid will helps avoid disputes and misunderstandings among family members.

How to Create a Legally Valid Will in Manitoba:

To ensure your will meets all legal requirements in Manitoba:

1. Work with an Estate Lawyer: A qualified Manitoba will, and estate lawyer can draft a will that complies with the laws.
2. Clearly Identify Beneficiaries: List who will inherit your assets, real estate, and personal belongings.
3. Appoint an Executor: Choose someone you trust to handle your estate. This can be a family member, friend, or a professional estate executor.
4. Sign and Witness the Will Properly: Under Manitoba law, a will must be signed in the presence of two witnesses who are not beneficiaries.
5. Review and Update Your Will Regularly – Life changes such as marriage, divorce, the birth of children, or acquiring new assets may require will updates.

 
Do You Need a Lawyer to Make a Will in Manitoba?

While it is possible to write a holograph will (a handwritten will) or use a DIY will kit, these documents often lead to legal complications. A lawyer-drafted will ensures:

1. Your will is legally valid and meets all provincial requirements.
2. Your estate is protected from unnecessary probate delays.
3. Your wishes are clearly documented to prevent family disputes.
4. Your common-law spouse and children are properly provided for.

A properly drafted will is one of the most important legal documents you can have. Without one, your estate could be divided against your wishes, and your family may face financial and legal challenges. As a Will and Estate Lawyer in Manitoba, I strongly advise everyone regardless of age or wealth to create a will and update it regularly.

If you need assistance with will drafting and estate planning contact our office today. Protect your assets, provide for your loved ones, and ensure that your legacy is handled according to your wishes.