Skip to the main content
Guidepost
FREE GUIDE: MB

Wills & Power of Attorney: Manitoba

This page is the free Manitoba guide. No sign-in. Read on, or take the checklist as a PDF.

Facts checked September 2026 · See what changed · How we check

Province-specific rules for Manitoba: will requirements (age 18, holograph valid), and the Enduring Power of Attorney, and the Health Care Directive.

General information only, not legal advice. This guide creates no will, POA, or directive. Laws change; consult a lawyer and verify current rules directly with the official provincial source before acting.

  1. 1

    Part 1: Will

    Open this section ↓

    Minimum age

    18 years old

    A will by a person under 18 is not valid unless, at the time of making it, the person is or has been married, is a member of a regular force component of the Canadian Forces, or is a person described in s.5 (military on active service or a mariner) (The Wills Act s.8(1)).

    Witnesses required

    2 witnesses present at the same time (s.4).

    Holograph (handwritten, no witnesses)

    VALID

    Valid: entirely in the testator's handwriting and signed (s.6). No witnesses required.

    Curative power (court can fix a flawed will)

    YES

    Courts have curative / dispensing power (s.23) to give effect to a document as a will.

    Never have a beneficiary witness your will

    A beneficiary's gift is void if the beneficiary or their spouse/common-law partner witnesses the will (s.12). The court has a saving power (s.12(3)).

    ↑ Close this section
  2. 2

    Part 2: Power of Attorney for Property

    Open this section ↓

    Called in Manitoba

    Enduring Power of Attorney

    The person you appoint is called

    attorney

    Witnessing required

    1 witness required, but the witness MUST be a member of a listed profession: marriage-solemnizer, judge or justice of the peace, doctor, notary, Manitoba lawyer, RCMP officer, or police officer (s.11). The attorney and their spouse/common-law partner cannot witness (s.11(2)).

    Enduring (survives incapacity)

    Yes, survives incapacity (must be drafted as "enduring").

    Can be made springing (contingent on incapacity)

    Yes, can take effect only when a triggering event (such as incapacity certified by a doctor) occurs. Discuss with a lawyer.

    Partner · Guidepost earns a commission

    If you go the do-it-yourself route, a template service such as LawDepot's power of attorney walks you through the questions; the witnessing rules above still apply.

    ↑ Close this section
  3. 3

    Part 3: Personal-Care / Health-Care Directive

    Open this section ↓

    Called in Manitoba

    Health Care Directive

    The person you appoint is called

    proxy

    Witnessing required

    No witness required if the maker self-signs (s.8). Remote witnessing permitted under s.8.1. Treatment instructions and the proxy appointment may be in the same document.

    Partner · Guidepost earns a commission

    If you go the do-it-yourself route, a template service such as LawDepot's personal directive walks you through the questions; the witnessing rules above still apply.

    ↑ Close this section
  4. 4

    When to see a lawyer in Manitoba

    Open this section ↓
    Making or updating a will: always recommended. A lawyer-drafted will is typically inexpensive relative to estate value.
    Any power of attorney for property or personal-care directive, the person you appoint will have significant authority.
    Complex situations: business interests, cross-border assets, blended family, minor children, or capacity concerns.
    Verify current rules with a lawyer, legislation changes and this guide may not reflect the most recent amendments.

    Download the Manitoba checklist

    All the instrument names, witnessing rules, and checklist items above in a branded PDF. Free. This checklist does not create any legal document.

    Free. General information only, not legal or regulatory advice.

    Keep it with the rest. This one files behind tab 7 of the Home File.

    Where Everything Is: the non-legal companion to a will and powers of attorney →

    ↑ Close this section
  5. 5

    Common questions: Manitoba

    Open this section ↓
    What is the minimum age to make a will in Manitoba?
    In Manitoba, the minimum age is 18. A will by a person under 18 is not valid unless, at the time of making it, the person is or has been married, is a member of a regular force component of the Canadian Forces, or is a person described in s.5 (military on active service or a mariner) (The Wills Act s.8(1)).
    Is a handwritten (holograph) will valid in Manitoba?
    Valid: entirely in the testator's handwriting and signed (s.6). No witnesses required.
    What is a power of attorney for property called in Manitoba?
    In Manitoba it is called a "Enduring Power of Attorney". The person appointed is the attorney. Witnessing: 1 witness required, but the witness MUST be a member of a listed profession: marriage-solemnizer, judge or justice of the peace, doctor, notary, Manitoba lawyer, RCMP officer, or police officer (s.11). The attorney and their spouse/common-law partner cannot witness (s.11(2)).
    What is a personal-care directive called in Manitoba?
    In Manitoba it is called a "Health Care Directive". The person appointed is the proxy. Witnessing: No witness required if the maker self-signs (s.8). Remote witnessing permitted under s.8.1. Treatment instructions and the proxy appointment may be in the same document.
    What laws govern wills and powers of attorney in Manitoba?
    In Manitoba, wills are governed by the The Wills Act, C.C.S.M. c. W150, and powers of attorney for property by the The Powers of Attorney Act, C.C.S.M. c. P97. Each section on this page links to the official source.

    Facts checked September 2026

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

    ↑ Close this section

Informational guide only. Guidepost is not a law firm. This guide explains the typical process and is not legal advice. Requirements can change. Verify current rules with the relevant government authority or a qualified professional before you act.