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Death of a Client
Mentally Incompetent Adults
Death of a Client
What happens on the death of a client of The Public Guardian and Trustee?
Upon the death of a client, The Public Guardian and Trustee has the authority to continue managing the client's property until notified that the Court of Queen's Bench has appointed an executor or administrator. During that time, The Public Guardian and Trustee may pay any debts, including funeral expenses, and may gather any outstanding assets. The Public Guardian and Trustee may also begin or continue legal proceedings on behalf of the estate.
Does The Public Guardian and Trustee check to see if a client has a valid will?
Yes. The Public Guardian and Trustee is required to make a thorough search for a will, including advertising in newspapers, checking with the client's relatives, friends, former lawyers, or with anyone else who may have knowledge of a will or its whereabouts. If there is a valid will, upon receiving proof that Court of Queen's Bench has issued a Grant of Probate, The Public Guardian and Trustee will pay over all of the client's assets to the executor, who will then deal with them in accordance with the will.
What happens if a client dies without a will or a will that is defective?
If a client dies without a will, a relative resident in Manitoba may apply to the courts to administer the estate. If there is no such person, The Public Guardian and Trustee may also apply to the court to be appointed the administrator. The estate will then be dealt with under The Intestate Succession Act. This act sets out who will inherit a person's estate if there is no will.
If there is a will, but it is found by the courts to be defective, and there is a prior valid will, the valid will governs the distribution of the estate. If there is no prior will, an administrator will be appointed and The Intestate Succession Act will apply.