Amendments to Probate Rules 74 and 75 announced earlier this year are coming into effect on October 1st, 2022. As per the Court of King's Bench's notice:
“The objective was not to overhaul the existing probate practice in Manitoba, but rather to modernize the language and terminology in the rules that govern Probate practice. The new rules and forms are gender neutral and were drafted with a view to making them understandable to self-represented parties who are increasingly filing probate and administration applications.”
We compiled a summary of all updates below. The amendments can be read in full here.
New Form (formerly known as, if applicable) / Notable Changes in New Form
- 74A - Request for Probate of Will / Changes to paragraphs 5-10
- 74B - Inventory / New inventory sections
- 74C - Request for Letters of Administration with Will Annexed (FKA 74C - Affidavit for Request in Support of Probate) / Changes to paragraphs 5-10
- 74D - Affidavit of Execution (FKA 74E - Affidavit of Execution of Will) / Minor wording changes
- 74E - Affidavit of Condition (FKA 74G - Affidavit of Plight and Finding) / Introduction of new paragraphs
- 74F - Grant of Probate (FKA 74J - Grant of Probate) / Minor wording changes
- 74G - Letters of Administration with Will Annexed (FKA 74K - Administration with Will Annexed) / Minor wording changes
- 74J – Request for Double Probate (NEW)
- 74K - Grant of Double Probate (NEW)
- 74L - Request for Letters of Administration (FKA 74L - Request for Administration) / Changes to paragraphs 2, 6, 8
- 74M - Nomination of Administrator (FKA 74N - Nomination of Administrator) / Minor wording changes
- 74N - Renunciation of Probate or Letters of Administration with Will Annexed (FKA 74O - Renunciation of Probate or Letters of Administration with Will Annexed) / Minor wording changes
- 74O - Renunciation of Administration (FKA 74P - Renunciation of Administration) / Minor wording changes
- 74Q - Letters of Administration (FKA 74R - Letters of Administration) / Minor wording changes
- 74R - Request for Resealing of Foreign Grant of Probate (FKA 74R.1 – Request for Resealing of Foreign Grant of Probate) / Removal of paragraphs
- 74S - Inventory and Valuation on Request for Resealing (FKA 74R.2 – Inventory and Valuation on Request for Resealing) / New inventory sections
- 74T – Request for Resealing of Foreign Letter of Administration with Will Annexed (FKA 74R.4 - Request for Resealing of Foreign Letter of Administration with Will Annexed) / Removal of paragraphs
- 74U – Request for Resealing of Foreign Letter of Administration (FKA 74R.6 – Request for Resealing of Foreign Letter of Administration) / Removal and addition of paragraphs
- 74V – Bond for Administrators (FKA 74S – Bond for Administrators) / Minor wording changes
- 74W – Affidavit of Execution of Bond (FKA 74T – Affidavit of Execution of Bond) / Removal of a paragraph
- 74X – Affidavit of Execution of Renunciation (FKA 74T.1 – Affidavit of Execution of Renunciation) / Minor wording changes
- 74Y – Affidavit of Justification by Sureties (FKA 74U – Affidavit of Justification by Sureties) / Minor wording changes
- 74Z – Notice of Application to Pass Accounts (FKA 74V – Notice of Application to Pass Accounts) / Minor wording changes
- 74AA – Affidavit Verifying Application and Accounts (FKA 74W – Affidavit Verifying Application and Accounts) / Minor wording changes
- 74CC – Notice to Beneficiaries (FKA 74Y – Notice to Beneficiaries) / Minor wording changes
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