The judicial reconstruction of wills in Manitoba
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Date
1999-10-01T00:00:00Z
Authors
Kreel, Darrell A.
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Abstract
This thesis studies the problem of the judicial reconstruction of wills in Manitoba. It examines the way courts re-make a deceased's will in three separate contexts: at the time a will is submitted for probate, when a probated will is construed by the court, and when a court entertains an application for support, not provided for in the will, under dependants' relief legislation. The thesis relies on legislation, case law, and law reform commission reports from Manitoba, Canada, other Commonwealth nations and North Dakota in order to support the conclusion that the courts do re-make a deceased's will, in order to effect the intentions of the deceased as expressed in their will or to provide financial protection for a deceased's family. The thesis concludes its analysis by offering proposals for legislative reform, which are designed to clarify the existing legal framework and make the outcome of such judicial proceedings in Manitoba more the outcome of such judicial proceedings in Manitoba more predictable and equitable.