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The Survivorship Act
This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

This version is current as of April 25, 2017.
It has been in effect since February 1, 1988.

Note: Earlier consolidated versions are not available online.


 

C.C.S.M. c. S250

THE SURVIVORSHIP ACT

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

General rule of survivorship

1           Except as otherwise provided in this Act, where two or more persons die at the same time or in circumstances rendering it uncertain which of them survived the other or others, for all purposes affecting the legal or beneficial title to, ownership of, or succession to, property, the property of each person, or any property of which the person is competent to dispose, shall be disposed of as if that person had survived the other or others.

Substitute gifts

2(1)        Unless a contrary intention appears in the will, where a will contains a provision for the disposition of property in the event that a person designated in the will

(a) dies before another person; or

(b) dies at the same time as another person; or

(c) dies in circumstances rendering it uncertain which of them survived the other;

and the designated person dies at the same time as the other person or in circumstances rendering it uncertain which of them survived the other, the case for which the will provides is deemed to have occurred for the purposes of that disposition.

Substituting personal representatives

2(2)        Where a will contains a provision for a substitute personal representative in the event that an executor designated in the will

(a) dies before the testator; or

(b) dies at the same time as the testator; or

(c) dies in circumstances rendering it uncertain which of them survived the other;

and the designated executor dies at the same time as the testator or in circumstances rendering it uncertain which of them survived the other, the case for which the will provides is deemed to have occurred for the purposes of probating the will.

Joint tenancy

3           Unless a contrary intention appears in a written agreement to which the persons are a party, where two or more persons hold legal or equitable title to property as joint tenants or have a joint account, with each other, and all of them die at the same time or in circumstances rendering it uncertain which of them survived the other or others, those persons shall be deemed, for the purposes of section 1, to have held the title to the property or the joint account, as the case may be, as tenants in common with equal shares.

Insurance

4           Where a person whose life is insured under a life insurance contract or an accident or sickness insurance contract and a beneficiary under the policy die at the same time, or in circumstances rendering it uncertain which of them survive the other, the insurance moneys payable under the contract on the death of the insured shall be paid in accordance with The Insurance Act and, if the insurance moneys are paid to the personal representative of the insured, this Act applies to their disposition by the personal representative.

Transitional provision

5           In respect of the deaths of persons who died before October 1, 1983, survivorship shall be determined as though this Act had not been enacted.