Manitoba Law Reform Commission Final Report on Wills Act

Last week, the Manitoba Law Reform Commission released its Final Report titled Reform of The Wills Act, The Law of Property Act, And The Beneficiary Designation Act, Revisited:

"In this report, the Commission revisits the recommendations for reform of The Wills Act and related legislation first considered in its 2003 report, Wills and Succession Legislation ... Recommendations for substantial reform reiterated in this report include reducing the age by which a person can make a valid will from 18 to 16 years and introducing into the legislation a definition of an electronic will."

"Other recommendations contained in Report 108 have been reversed either due to advancements in the case law in a given area, recent trends in legislative reform in other jurisdictions or based on feedback received during the consultations. For example, given the enhanced focus on predatory marriages and resulting reforms in other jurisdictions, the Commission is now recommending the abolishment of the automatic revocation of a will by a subsequent marriage."

"Finally, this report contains a number of new recommendations not contained in Report 108, including amending the Court of Queen’s Bench Rules to enable the court to make, alter, or revoke a will for a person lacking testamentary mental capacity."

"The Recommendations contained in this report seek to improve and modernize the legislation and to help Manitobans carry out their testamentary intentions."

The recommendations cover a range of issues, including mental capacity, minors, electronic wills, revocation, undue influence and more.

The report also makes extensive reference to the situation in other Canadian provinces, as well as in the United Kingdom, Australia and New Zealand.