Revocation

A will or part of a will can only be revoked in the following circumstances:

• By the termination of a marriage,

• By the marriage of the testator,

• By a later will that is valid under the Wills Act,

• By a later writing that declares an intention to revoke the will, made in accordance with the provisions of this Act governing the making of a will

• By burning, tearing, or otherwise destroying the will by the testator or by someone else in the testator's presence and under their direction, with the intention of revoking it.

Revocation

A will cannot be revoked by the presumption of an intention to revoke it due to a change in circumstances, except in the cases of marriage or the termination of a marriage.

Section 17 establishes that a will is revoked by the marriage of the testator, except in certain circumstances. These exceptions include when the will includes a declaration that it was made in contemplation of the marriage, or when the will fulfills obligations to a former spouse or common-law partner.

Effect of Divorce

if a will includes a devise or bequest of property to a spouse, or appoints the spouse as executor or trustee, or confers a general or special power of appointment on the spouse, and the marriage is terminated by a decree absolute of divorce, or is found to be void or declared a nullity by a court in which the testator was a party, the provisions relating to the spouse are revoked, unless a contrary intention appears in the will.

If a will includes a devise or bequest of property to a common-law partner, or appoints the common-law partner as executor or trustee, or confers a general or special power of appointment on the common-law partner, and the common-law relationship is terminated either by registration of dissolution or by living separate and apart for at least three years, the provisions relating to the common-law partner are revoked, unless a contrary intention appears in the will.

Alterations

An alteration made to a will after it has been created is not valid unless it is made in accordance with the provisions of this Act governing the making of a will.

If someone makes changes to their will after it has been written, the changes are valid if the person who wrote the will (called the "testator") signs the changes and at least one witness also signs to confirm they saw the testator sign. The changes can be signed either next to the alteration or at the end of the will with a note pointing to the change.

Revival

A will or part of a will can only be revived by a new will or codicil that is made in accordance with this Act, and that shows an intention to revive the revoked will or part.

Conveyance

A conveyance of, or other act relating to, property mentioned in a will does not affect the validity of the will unless a contrary intention is shown.

Manitoba Wills Act s.16-22