Free guide — MB

Wills & Power of Attorney — Manitoba

Q: What is the minimum age to make a will in Manitoba?

In Manitoba, the minimum age to make a will is 18. Age 18; exceptions for those married or in military/mariner service (The Wills Act s.5).

Q: What is a power of attorney for property called in Manitoba?

In Manitoba, the instrument for managing someone's finances if they lose capacity is called a "Enduring Power of Attorney". The person appointed is called 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)).

Q: What is a personal-care or health-care directive called in Manitoba?

In Manitoba, the instrument for health and personal-care decisions is called a "Health Care Directive". The person appointed is called 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.

Province-specific rules for Manitoba: will requirements (age 18, holograph valid), 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.

Part 1 — Will

Minimum age

18 years old

Age 18; exceptions for those married or in military/mariner service (The Wills Act s.5).

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.

Official source

The Wills Act, C.C.S.M. c. W150

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)).

Part 2 — Power of Attorney for Property

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.

Official source

The Powers of Attorney Act, C.C.S.M. c. P97

Part 3 — Personal-Care / Health-Care Directive

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.

Official source

The Health Care Directives Act, C.C.S.M. c. H27

When to see a lawyer in Manitoba

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.

Next step

Executor Guide — Manitoba

Named as executor? Probate, CRA TX19, compensation.

When Someone Dies — Manitoba

Death Certificate, Service Canada, CRA — free checklist.

Common questions — Manitoba

What is the minimum age to make a will in Manitoba?

In Manitoba, the minimum age is 18. Age 18; exceptions for those married or in military/mariner service (The Wills Act s.5).

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.

Wills & POA guides for other provinces

ON — Ontario BC — British Columbia AB — Alberta SK — Saskatchewan QC — Quebec NB — New Brunswick NS — Nova Scotia PE — Prince Edward Island NL — Newfoundland & Labrador

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