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The Wills Amendment Act

S.M. 1989-90, c. 44

Bill 50, 2nd Session, 34th Legislature

The Wills Amendment Act

(Assented to March 15, 1990)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. W150 amended

1           The Wills Act is amended by this Act.

Section 25 amended

2           Section 25 is amended by adding "Subject to sections 25.1 and 25.2 and" before "Except when a contrary intention".

Section 33 amended

3           Section 33 is amended by renumbering it as subsection 25.1.

Section 34 amended

4           Section 34 is amended

(a) by renumbering it as section 25.2; and

(b) by adding "without leaving a spouse" after "if that person had died intestate" in that part of the section that follows clause (b).

Section 25.3 added

5           The following is added as section 25.3:

Definition of issue

25.3        For the purpose of sections 25.1 and 25.2, issue conceived before the testator's death and born living thereafter shall be considered to be alive at the testator's death.

Subsection 38(1) amended

6           Subsection 38(1) is amended by striking out "subsections (2) and (3)" and substituting "subsections (2), (3) and (4)".

Subsection 38(2) repealed and replaced

7           Subsection 38(2) is repealed and the following is substituted:

Application of anti-lapse provisions

38(2)       Where a person dies on or after April 16, 1964 but before the coming into force of this subsection, section 34 of The Wills Act, R.S.M. 1988, c. W150, notwithstanding its repeal, applies to the will of the person whether it was made before or after April 16, 1964.

Subsection 38(4) added

8           The following is added after subsection 38(3):

Application of section 25.2

38(4)       Where a person dies on or after the day this subsection comes into force, section 25.2 applies to the will of the person whether it was made before or after that date.

Section 60 amended

9           Section 60 is amended by striking out "subsections 38(2) and (3)" where it appears in subsections (1) and (2) and substituting "subsections 38(2), (3) and (4)".

Coming into force

10          This Act comes into force on a day fixed by proclamation.