Estate Notice to Surviving Spouse or Common-Law Partner Regulation
Verify source ↗ AI-assisted research summary: This regulation sets the required form of notice a personal representative must serve under section 31 of the Act, and the form says a surviving spouse or common-law partner must apply within six months of probate or administration being granted unless the court extends time.
Estate Notice to Surviving Spouse or Common-Law Partner Regulation, M.R. 101/2004 The Family Property Act , C.C.S.M. c. F25 Regulation 101/2004 Registered June 7, 2004 bilingual version (HTML) Definition 1 In this regulation, "Act" means The Family Property Act . Form of notice 2 The notice to be served by the personal representative of a deceased spouse or common-law partner under section 31 of the Act must be in the following form: Notice to Surviving Spouse or Common-law Partner under Section 31 of The Family Property Act of Manitoba To (name of surviving spouse or common-law partner) In the matter of the estate of (name of deceased) TAKE NOTICE that as the surviving spouse or common-law partner of (name of deceased), you could have rights under The Family Property Act to an accounting and equalization of assets. If you wish to make an application under that Act, you must do so within six months from (date), the day on which (letters probate or letters of administration) were granted. That is, you must make application before (date), unless you apply to the court for and are granted an extension of time. You should consult a lawyer with respect to your rights since The Family Property Act could, in some circumstances, entitle you to a greater share of the estate of your spouse or common-law partner than you are otherwise entitled to, whether or not your spouse or common-law partner left a will. ________________________ Date ________________________ Personal Representative * Note: The name of The Marital Property Act was changed to The Family Property Act . See S.M. 2002, c. 48, s.16(2). Coming into force 3 This regulation comes into force on June 30, 2004.