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Free guide — all provinces

Wills & Power of Attorney in Canada

This guide explains what each planning instrument is called in your province, who can make one, the witnessing rules, and where to get the official form. Select your province for a free downloadable checklist.

We explain it — we don't create it for you

This guide creates no will, power of attorney, or directive. An invalid document (for example, a will signed by only one witness) is worse than no document. We link to the official provincial form or source for each instrument, and recommend seeing a lawyer or notary to make sure it is valid.

General information only — not legal advice. Laws change. This guide may not reflect the most recent amendments. Consult a lawyer (or a notary in Quebec) before making or updating any of these instruments. Verify current rules directly with the official provincial source.

The three planning instruments

Who inheritsWill

A will says who gets your property, who cares for your minor children, and who administers your estate after you die. Without a will (dying "intestate"), provincial law decides -- often not what you would have chosen.

  • ✓Age to make a will varies: BC = 16; NL = 17; NB = 19 (majority); all others = 18
  • ✓Most provinces require 2 witnesses present at the same time
  • ✓Holograph (handwritten, no witnesses) is valid in ON, AB, SK, MB, QC, NS, NB, NL -- but NOT in BC or PEI
  • ✓Never have a beneficiary or their spouse witness the will -- the gift to them is void
Who manages your moneyPower of Attorney for Property

An enduring power of attorney for property (called a "Continuing Power of Attorney" in Ontario or a "Protection Mandate" in Quebec) appoints someone to manage your finances and property if you lose capacity while still alive.

  • ✓Different name in every province -- select your province below for the exact term
  • ✓New Brunswick: must be signed before a NB lawyer (not just lay witnesses)
  • ✓Quebec: the Protection Mandate is springing-only and requires court homologation
  • ✓Manitoba: 1 witness required, but the witness must be a listed professional (lawyer, doctor, etc.)
Who makes health decisionsPersonal-Care / Health-Care Directive

A personal-care or health-care directive (called a "Representation Agreement" in BC, "Personal Directive" in AB/NS, "Health Care Directive" in SK/MB/PEI, or "Power of Attorney for Personal Care" in ON) appoints someone to make medical and personal decisions if you are incapable, and may record your treatment wishes.

  • ✓Appointee term varies: attorney (ON), representative (BC), agent (AB), proxy (SK, MB, PEI), delegate (NS), attorney for personal care (NB), substitute decision maker (NL)
  • ✓Witness count varies: 2 in ON/QC/NB/NL; 1 in AB/NS/PEI; 0 if self-signed in SK/MB
  • ✓BC and Quebec have a separate, standalone advance medical directive in addition to the appointment
  • ✓Quebec Advance Medical Directives are legally binding on clinicians

Never have a beneficiary witness your will

In every Canadian province, if a person who benefits under a will (or their spouse/partner) also witnesses it, the gift to them is generally void — even though the rest of the will remains valid. In Prince Edward Island, this gift is “utterly null and void” with no saving power. Always use independent witnesses who receive nothing under the will.

NB trap: property POA requires a NB lawyer

In New Brunswick, a power of attorney for property must be signed before a New Brunswick lawyer who certifies your capacity. A two-lay-witness kit is not valid for the property portion. Also, the old NB “Advance Health Care Directives Act” is repealed — do not use “proxy” or “Advance Health Care Directive” for NB.

PEI: use the NEW 2023 Act for POA

PEI's Powers of Attorney and Personal Directives Act (S.P.E.I. 2023, c. 34) came into force November 1, 2025. The old Powers of Attorney Act is repealed. Any POA form or kit based on the old Act is no longer valid. Use only the new Act.

NL: no curative power — strict compliance required

Newfoundland & Labrador has no curative or substantial-compliance power. A flawed will cannot be saved by a court. Get it right the first time — see a lawyer.

Select your province

Get instrument names, witnessing rules, official sources, and a free downloadable checklist.

ON

Ontario

Age 18 to make a will

BC

British Columbia

Age 16 to make a will

AB

Alberta

Age 18 to make a will

SK

Saskatchewan

Age 18 to make a will

MB

Manitoba

Age 18 to make a will

QC

Quebec

Civil law (notary recommended)

NB

New Brunswick

Age 19 to make a will

NS

Nova Scotia

Age 18 to make a will

PE

Prince Edward Island

Age 18 to make a will

NL

Newfoundland & Labrador

Age 17 to make a will

When to see a lawyer or notary

Making or updating a will: always recommended. A lawyer-drafted will is typically inexpensive relative to the estate value and avoids invalidation.
Power of attorney for property or personal-care directive: the people you appoint have significant power. Get the form and witnessing right.
Complex estates: business ownership, real estate in more than one province or country, significant assets, blended family, minor children.
Contested wills: if there is any risk a family member might challenge the will, or if there is any concern about your capacity at signing.
Quebec: a notarial will avoids probate entirely and is generally the preferred form. A notary is also needed for Protection Mandate homologation.
Newfoundland & Labrador: no curative power means a flawed will cannot be saved. See a lawyer.
New Brunswick: a property POA legally requires a NB lawyer -- a lawyer is not optional for this document.

Common questions

What is the minimum age to make a will in Canada?
It varies by province. British Columbia = 16 (the lowest). Newfoundland & Labrador = 17. New Brunswick = 19 (the age of majority there). All other provinces = 18 (with some exceptions for married persons and armed forces members). Never assume the minimum is 18 in all provinces.
Is a handwritten (holograph) will legal in Canada?
Yes, in most provinces: Ontario, Alberta, Saskatchewan, Manitoba, Quebec, Nova Scotia, New Brunswick, and Newfoundland & Labrador all recognize a holograph will (entirely in the testator's handwriting and signed). It is NOT a valid standalone form in British Columbia or Prince Edward Island.
Can a beneficiary witness a will?
No. In all provinces, if a beneficiary (or their spouse/partner) witnesses the will, the gift to them is generally void. PEI has the strictest rule -- the gift is "utterly null and void" with no court saving power. Always use independent witnesses who receive nothing under the will.
What is a "Protection Mandate" in Quebec?
In Quebec, a Protection Mandate (mandat de protection) is the equivalent of a power of attorney for property AND personal care combined. It takes effect on incapacity only, after a medical and psychosocial assessment and court homologation (judicial confirmation). For immediate financial management, an ordinary mandate (art. 2130) is needed.
Why does New Brunswick require a lawyer for a property POA?
Under New Brunswick's Enduring Powers of Attorney Act (S.N.B. 2019, c. 30), an enduring power of attorney for property must be signed before a New Brunswick lawyer who provides a capacity certificate. A kit with two lay witnesses is not sufficient for the property portion. This is a distinctive NB rule that often surprises people.

Related guides

Executor Guide

Named as executor in a will? Probate, CRA TX19 clearance certificate, compensation, and duties timeline — per province.

What to Do When Someone Dies

Administrative first steps after a death: Death Certificate, Service Canada, CRA, health card — free per-province checklist.

Guidepost is not a law firm. This guide is for general informational purposes only. Full disclaimer