A will nobody can find is, in practice, a will that does not exist. Here is how wills are located in Manitoba, and what the law expects of an executor who cannot find one.
Where to look in Manitoba
| Item | Manitoba |
|---|---|
| Governing statute | The Wills Act and The Intestate Succession Act |
| Court | Court of King's Bench of Manitoba |
| Handwritten (holograph) wills | Valid |
| Probate cost | None. Manitoba abolished probate fees in November 2020 — the only province charging nothing at all. |
| Spouse’s share on intestacy | Where the intestate leaves a spouse or common-law partner and no issue, that partner takes the whole estate. Where all of the issue are also the partner’s, the partner still takes the whole estate. Only where some issue are not the partner’s does a preferential share arise: the greater of $50,000 or one-half of the estate, plus one-half of what remains after that share. |
| Will registry | No central searchable government will registry, and no way to deposit a will with the court either. Manitoba had one twice and repealed it twice: the statutory depository went in 2000, and the court rule that replaced it was repealed in 2017, in the court’s own words, “as no wills have been deposited with the Registrar for safekeeping for a number of years.” What is left is post-probate only: estates from 1984 onward are free to search online through the Court Registry System, earlier ones through the Archives of Manitoba, with staff searches at $10 to $40. |
| Claims against the estate | Dependants relief claims under The Dependants Relief Act. Only a "dependant" may apply — a spouse or common-law partner, a former spouse under a subsisting support order, a child under 18 or a child unable to withdraw from the deceased’s charge or substantially dependent on the deceased, or a substantially dependent grandchild, parent, grandparent or sibling. |
A diligent search
- The deceased’s lawyer, and the firm’s successor if it has closed.
- Safety deposit boxes at every bank they used.
- Home safes, filing cabinets, and digital storage.
- Will registries — government where one exists, private otherwise.
- The provincial law society, which may hold records for a wound-up practice.
Where an original will was last known to be with the deceased and cannot be found, a court may presume it was destroyed deliberately — and administer the estate as an intestacy. Documenting the search is what rebuts that.
Why this is a religious question too
The hadith on wills speaks of the document being "kept ready with him" — findability is part of the obligation, not an administrative afterthought. Recording that a will exists, and where, is the gap the Islamic Will Registry exists to close.
Common questions
What if we cannot find the original?
A copy may be admissible, but where the original was last known to be with the deceased a court may presume it was destroyed deliberately and treat the estate as intestate.
Who is allowed to search for a will?
Typically the executor named in a will, or a family member applying to administer the estate.
Does registering a will make it valid?
No. A registry records that a will exists and where it is kept. Validity is a separate question governed by the province's formal requirements.
Citations & sources
Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.
- What to do when someone has died — Canada Revenue Agency
- Probate Division — frequently asked questions — Manitoba Courts
- Surah an-Nisa 4:11–12, 4:176 — Quran.com
- Book of Wills (Wasaya) — Sahih al-Bukhari, Sunnah.com
- Religion by census metropolitan area, 2021 Census — Statistics Canada
- Preferential share spouse intestacy ontario — Treadstone Law
- Holograph handwritten will ontario — Treadstone Law
- What is preferential share ontario intestacy — Treadstone Law
- Intestacy spouse one child ontario — Treadstone Law
- Executor claims against estate creditor — Treadstone Law
- Wills & estates practice — Treadstone Law