When a loved one passes away, their estate must be administered according to their will or, if there is no will, the applicable laws of intestacy. If the deceased owned assets in Manitoba but their estate is being administered in another jurisdiction, you may need to have their grant of probate or letters of administration “resealed” in Manitoba. The resealing process allows the executor or administrator to deal with the Manitoba-based assets without starting the probate process from scratch.
When would a Grant of Probate or Letters of Administration need to be resealed?
Resealing a grant of probate or letters of administration is necessary when:
- The original grant of probate was issued in another jurisdiction that Manitoba recognizes, such as another Canadian province, a Commonwealth country, or certain other jurisdictions; and
- The deceased owned assets in Manitoba, such as real estate, bank accounts or investments.
Resealing in Manitoba
In Manitoba, the process for resealing a foreign grant of probate is governed by the Court of King's Bench Rules and The Court of King's Bench Surrogate Practice Act. Under this legislation, grants of probate or letters of administration issued in recognized jurisdictions can be resealed, provided certain conditions are met.
Common challenges
- Jurisdiction issues: If the foreign grant was issued in a jurisdiction not recognized by Manitoba, additional steps may be required.
- Incomplete documentation: Missing or incorrect documents can delay the resealing process.
- Disputes among beneficiaries: Disputes over the administration of the estate may complicate the process and require legal intervention.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
