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ARTICLE · 18 DECEMBER 2020

Manitoba Eliminates Probate Fees: Considerations For Future Planning

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Probate fees were eliminated in Manitoba as of November 6, 2020. Accordingly, requests for probate, administration, or resealing in Manitoba no longer require payment of a probate fee...

CanadaFamily and Matrimonial
Harmanjit Mavi
Harmanjit Mavi
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Elimination of Probate Fees in Manitoba

Probate fees were eliminated in Manitoba as of November 6, 2020. Accordingly, requests for probate, administration, or resealing in Manitoba no longer require payment of a probate fee (previously, $70 for the first $10,000 of an estate, and $7 for every additional $1,000 or fraction thereof). The applicable legislation, now renamed The Court Services Fees Act (Manitoba), still maintains that the Court may charge a processing fee for such requests; however, the fee would need to be prescribed by regulation and is expected to be nominal.

Pitfalls of Probate Planning

Probate planning has been a common element of estate planning, in which the ownership of assets is structured to reduce or avoid probate fee exposure. However, improper planning (notably through joint ownership and beneficiary designations) can lead to a gap (not bridged by any clear terms of trust) between the recipient of an asset and the asset's intended

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