Free guide: NL

Wills & Power of Attorney: Newfoundland & Labrador

Province-specific rules for Newfoundland & Labrador: will requirements (age 17, holograph valid), and the Enduring Power of Attorney, and the Advance 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

17 years old

Age 17, lower than most provinces (Wills Act s.3). Check whether married/forces exceptions apply in your specific case.

Witnesses required

Either holograph (entirely in the testator's handwriting and signed) OR signed before at least 2 witnesses who sign in the testator's presence (s.2(1)). Note: the NL Wills Act does not use the phrase "present at the same time"; see the statute for the exact wording. Audio-visual witnessing via a lawyer is permitted (s.2(1.1)).

Holograph (handwritten, no witnesses)

VALID

Valid: entirely in the testator's handwriting and signed (s.2). No witnesses required.

Curative power (court can fix a flawed will)

NO: STRICT COMPLIANCE

NO curative or substantial-compliance power exists in Newfoundland & Labrador. A flawed will CANNOT be saved by a court: strict compliance with the formal requirements is mandatory. This makes using the proper witnessed process (or seeing a lawyer) especially important in NL.

Official source

Wills Act, R.S.N.L. 1990, c. W-10 (as amended 2023)

Never have a beneficiary witness your will

A beneficiary's gift is void where the will cannot be proved without their evidence as a witness (s.7).

Part 2: Power of Attorney for Property

Called in Newfoundland & Labrador

Enduring Power of Attorney

The person you appoint is called

attorney

Witnessing required

1 witness (not the attorney or the attorney's spouse/cohabiting partner) (Enduring Powers of Attorney Act s.3(1)). The attorney must be 19 or older (s.3(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

Enduring Powers of Attorney Act, R.S.N.L. 1990, c. E-11

Part 3: Personal-Care / Health-Care Directive

Called in Newfoundland & Labrador

Advance Health Care Directive

The person you appoint is called

substitute decision maker

Witnessing required

2 independent witnesses (s.6). Treatment instructions and the substitute decision maker appointment may be in the same document.

Official source

Advance Health Care Directives Act, S.N.L. 1995, c. A-4.1

When to see a lawyer in Newfoundland & Labrador

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.

Newfoundland & Labrador has NO curative power: a flawed will CANNOT be saved by a court. The formal requirements must be met exactly.

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 Newfoundland & Labrador 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: Newfoundland & Labrador

Named as executor? Probate, CRA TX19, compensation.

When Someone Dies: Newfoundland & Labrador

Death Certificate, Service Canada, CRA: free checklist.

Common questions: Newfoundland & Labrador

What is the minimum age to make a will in Newfoundland & Labrador?

In Newfoundland & Labrador, the minimum age is 17. Age 17, lower than most provinces (Wills Act s.3). Check whether married/forces exceptions apply in your specific case.

Is a handwritten (holograph) will valid in Newfoundland & Labrador?

Valid: entirely in the testator's handwriting and signed (s.2). No witnesses required.

What is a power of attorney for property called in Newfoundland & Labrador?

In Newfoundland & Labrador it is called a "Enduring Power of Attorney". The person appointed is the attorney. Witnessing: 1 witness (not the attorney or the attorney's spouse/cohabiting partner) (Enduring Powers of Attorney Act s.3(1)). The attorney must be 19 or older (s.3(2)).

What is a personal-care directive called in Newfoundland & Labrador?

In Newfoundland & Labrador it is called a "Advance Health Care Directive". The person appointed is the substitute decision maker. Witnessing: 2 independent witnesses (s.6). Treatment instructions and the substitute decision maker appointment may be in the same document.

What laws govern wills and powers of attorney in Newfoundland & Labrador?

In Newfoundland & Labrador, wills are governed by the Wills Act, R.S.N.L. 1990, c. W-10 (as amended 2023), and powers of attorney for property by the Enduring Powers of Attorney Act, R.S.N.L. 1990, c. E-11. Each section on this page links to the official source.

Wills & POA guides for other provinces

ON: Ontario BC: British Columbia AB: Alberta SK: Saskatchewan MB: Manitoba QC: Quebec NB: New Brunswick NS: Nova Scotia PE: Prince Edward Island

Last updated: June 2026

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