Frequently Asked Questions
If you die without leaving a valid will, you have died intestate. The Intestate Succession Act says how your property will be divided among your family if you die intestate.
If you die intestate, the court appoints an Administrator whose duties are like those of an Executor in many ways. The Administrator makes an inventory of all your property, pays off all debts and obligations (including funeral fees), and then divides the rest of the estate following the rules in The Intestate Succession Act.
Your estate will go to the Crown.
Legally, the personal representative (Executor or Administrator) has the authority to pay reasonable funeral expenses, including burial and a headstone, on behalf of the estate.
It is not a good idea to include funeral instructions in a will, since in most cases the family will attend to the funeral before the will is read.
There are survivor benefits under the Canada Pension Plan:
Contact CPP for more details:
In Manitoba, there is no official reading of the will that takes place after someone dies. The Executor of the estate must make sure that the terms of the will are carried out. Often, the will is not read until after the funeral has taken place.
If the Executor has applied to court to probate the Will, you can access the Will in the court file. You could also try a written request to your sibling or the lawyer for the estate. If they will not provide you with a copy, you may have to hire a lawyer to help you.
To make sure that you receive notification when the will is filed into court you can file a caveat (Form 75A) with the Probate Division of the Court of King’s Bench. A caveat remains in effect for one year but you can file a new caveat at that time.