Authors: Jihan Hosein, Desiree Katz, Kennedy Pinette, Katrina Scaramuzzi
Administering the estate of a loved one can be a challenging and lengthy process.
The person administering an estate will be tasked with, among other things, compiling the assets of the deceased, locating the beneficiaries, transferring property and potentially applying to the Court for a grant of probate or letters of administration.
In some instances, including to transfer real property in or outside of Manitoba, a provincial death certificate will be required for the administration process. In order to obtain a death certificate, the death will need to be registered with Manitoba’s Vital Statistics Branch. This is typically done by funeral directors and medical professionals. The system currently in place requires an individual registering a death to submit forms by mail or in-person which can cause delays in the administration process. However, the Government of Manitoba has recently announced plans to implement a new system that may assist in expediting this process.
New electronic system
On March 15, 2024, the Government of Manitoba announced plans to implement an electronic death registration system within its Vital Statistics Branch. An electronic death registration system will simplify the death registration process as it will allow individuals to submit forms electronically rather than by mail or in-person. An electronic submission will assist in preventing additional delays and backlogs.
The Government of Canada will be allocating $1.5 million to the province in order to implement this electronic death registration system. This funding will be used for the development and initial implementation process of the new system. The electronic death registration system is expected to be operational by spring 2025.
Similar systems already exist in Ontario, Nova Scotia and New Brunswick. Given the delay associated with a paper system, other provinces, such as Saskatchewan, have indicated their intentions to eventually transition to an electronic system.
When the new system is in place, families of a deceased can expect to access a proof of death much quicker than before. This will help alleviate some of the stress of administering an estate as well as expedite the process.
Administering an estate can be difficult and estate advisors at MLT Aikins would be happy to assist should you require any assistance with the process.
Note: This article is of a general nature only and is not exhaustive of all possible legal rights or remedies. In addition, laws may change over time and should be interpreted only in the context of particular circumstances such that these materials are not intended to be relied upon or taken as legal advice or opinion. Readers should consult a legal professional for specific advice in any particular situation.