Address: 1235 Mountain Avenue, Winnipeg, Manitoba
Phone: (204) 880-1257 | Fax: (204) 421-3820
Email: nuevamabilen@nuevatagardamabilen.com

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​Under Manitoba Law specifically The Intestate Succession Act, C.C.S.M. c. I85, it provides for the following:

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1. The entire estate goes to the surviving spouse or common law spouse if the following conditions are present:

• If there is no issue (lineal descendants, including but not limited to children),

• But has surviving spouse or common law.

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For Example: A got married to B. A died without any children and without having executed a will. All his estate shall be inherited by his wife, B.

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2. The entire estate goes to the surviving spouse or common law spouse if the following conditions are present:

• There is surviving spouse or common law

• The issue(lineal descendants, including but not limited to children) of the deceased are also issue of the surviving spouse or common law.

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For Example: A got married to B. They have 5 children. When A died, his entire estate will

go to his wife, B.

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3. The surviving spouse or common law spouse gets $50,000 or ½ of the estate, whichever is greater and ½ of the remainder of the estate after allocation of share of the surviving spouse or common law goes to the children if the following conditions concur:​

• There is Surviving spouse or common law

• There is but one or more issues (lineal descendants, (including but not limited to children) are not also the issue) of the Surviving spouse or common law.

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For Example: A has 4 children of his previous marriage. A then got married to B. A died leaving an estate of $100,000. He is survived by his wife B and his 4 children of his previous marriage. His estate will be divided as follows:

• B will have the following share:​​​

  • $50,000.00 (which is also equal to 1/2 of 100,000)

  • And ½ of the remainder of the estate (100,000-  50,000=50,000)

  • So B will get 50,000 + 25,000= $75,000 in total

  • His 4 children will only get 25,000/4= $6,250 each.​

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4. The entire estate goes to the parents of the deceased in equal share or to the surviving parent if the following conditions are present:

• No surviving spouse or common law spouse

• No issue (lineal descendants, including but not limited to children)

• Goes to the issue (lineal descendants, including but not limited to children) of the parents of the intestate (computed per capital at each generation) when the following conditions are present:

  • If no surviving spouse or Common law

  • No issue (lineal descendants, including but not limited to children)

  • No parents