If you have been called upon to manage the affairs of a loved one, in life or in death, you will need a Court appointment to do so. If you are unhappy with how someone else is managing the affairs of a loved one, you may need the Court to intervene. Our lawyers can assist you in completing the necessary court documents and represent you in court, if needed.
Occasionally people become incompetent to manage their own affairs and have no Power of Attorney in place. In these circumstances either the Public Trustee steps in or a loved one becomes the person’s Committee. Because a Committee is a Court appointment an application to the Court must be made. Once the Court has named the Committee that person has all the authority they need to manage the incompetent person’s affairs.
There are many checks and balances in place to ensure someone entrusted with another’s affairs is acting in good faith and in that person’s best interests. If you are unhappy with how a Committee, or person named under a Power of Attorney, is managing the affairs of a loved one you may need the Court’s assistance to intervene.
Estates and Administration
When a person passes away they need someone to manage the assets and debts they have left behind, ie their estate, and to distribute the estate in accordance with their wishes or the law.
If they have left a Will the Executor named in the Will applies for a Grant of Probate from the Court. Once Probate has issued the Executor has all of the authority they need to wind-up the deceased affairs.
If there is no Will an interested person, usually the next of kin, applies for Letters of Administration. This process is slightly more complicated than Probate and in most cases requires the Administrator to post a bond. The Administrator must also be a resident of Manitoba. Once the Court has appointed an Administrator that person has the same authority as an Executor and can manage the deceased’s estate.
There are many checks and balances in place to ensure someone managing a deceased’s estate is acting in good faith and in the best interests of the beneficiaries. If you are unhappy with how an Executor or Administrator is managing the affairs of an estate of which you are a beneficiary you may need the Court’s assistance to intervene.
Completing the many court documents required to manage the affairs of another can be overwhelming and confusing. We would be happy to assist you in determining the steps to be taken and discuss how we can help.
Request a Consultation
Fill out the form below to receive a confidential initial consultation.