Estate Planning & Administration Services in Manitoba
Our firm offers a range of legal services including will drafting, estate preparation and estate administration. We are experienced in preparing wills, powers of attorney, health care directives, trusts and providing estate advice. Our lawyers can provide sound advice on planning matters in a clear and understandable way.
Additionally, our lawyers are experienced in acting for executors and administrators in all aspects of estate assests. We explain the role of the Executor, Administrator. and Power of attorney, the rights of beneficiaries and the process for administering an estate and assist in interpreting wills. We are involved as early as gathering information on the assets, to applying for probate/letters of administration, publishing for creditors, completing passing of accounts and final distribution of the estate. We also work with your financial advisors and accountants to assist in all aspects of administration.
We also have experience in assisting the next of kin in applying for a committeeship order when one does not have a power of attorney, but a committee is needed to deal with the affairs of an incompetent individual.
For further information or advice on any of the above, please contact our office and one of our lawyer’s in the wills and estates department will be happy to talk to you.
We sit down with our clients to determine what their needs are and customize their estate planning to suit their needs.
Winnipeg Wills and Estate Lawyers
Securing your legacy and ensuring your final wishes are respected requires careful planning and experienced legal guidance. At OlschewskiDavie, our Wills and Estates team provides tailored solutions to protect your assets, minimize family disputes, and ensure a smooth transition of wealth to the next generation. Whether you are drafting your first will, updating an existing estate plan after a major life event, or navigating the complexities of administering a loved one’s estate, we offer compassionate and practical legal support every step of the way.
Why Proactive Estate Planning Matters
Without a legally binding Will, your assets will be distributed according to Manitoba’s Intestate Succession Act, which may not align with your personal wishes. Comprehensive planning goes beyond just a Will—it includes establishing Powers of Attorney to manage your finances and Health Care Directives to outline your medical preferences should you lose the capacity to make those decisions yourself.
Frequently Asked Questions
What happens if I die without a Will in Manitoba?
If you pass away without a valid Will (dying “intestate"), your estate will be distributed according to provincial legislation. This means you lose control over who inherits your assets, who administers your estate, and who is appointed as the guardian for your minor children. The process can also lead to additional costs, family disputes, and significant delays for your surviving loved ones.
What is the difference between a Will and a Power of Attorney?
A Will outlines how your assets and estate will be managed and distributed after your death. A Power of Attorney is a legal document that grants someone the authority to manage your financial and legal affairs while you are still alive, which is critical if you become incapacitated due to illness or injury. Both are essential components of a complete estate plan.
Do all estates have to go through probate in Manitoba?
Not always. Whether probate (the legal process of validating a Will) is required depends on the types of assets in the estate and how they are held. Assets jointly owned with right of survivorship or those with designated beneficiaries (like RRSPs or life insurance policies) typically bypass probate. However, solely owned real estate or large bank accounts usually require an executor to apply for a Grant of Probate.
Can I write my own Will, or do I need a lawyer?
While holographic (handwritten) or DIY kit Wills are legally permitted, they frequently contain errors, omissions, or contradictions that can lead to costly legal disputes or the Will being deemed invalid. Having an experienced lawyer draft your documents ensures they are legally sound, clearly articulated, customized to your unique financial situation, and properly witnessed according to Manitoba law.
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