Free guide — NS

Wills & Power of Attorney — Nova Scotia

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

In Nova Scotia, the minimum age to make a will is 18. Age 18 (or married; military/mariner exception, s.9). Note: the general age of majority in Nova Scotia is 19, but a will may be made at 18.

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

In Nova Scotia, 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: 2 witnesses of majority age (not the attorney or the attorney's spouse/partner/child) (Powers of Attorney Act, as amended 2022/Bill 131).

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

In Nova Scotia, the instrument for health and personal-care decisions is called a "Personal Directive". The person appointed is called the delegate. Witnessing: 1 witness (not the delegate or their spouse, not the person signing for the maker or their spouse) (Personal Directives Act s.3(2)). A Personal Directive may be combined with an Enduring Power of Attorney (s.23).

Province-specific rules for Nova Scotia: will requirements (age 18, holograph valid), the Enduring Power of Attorney, and the Personal 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 (or married; military/mariner exception, s.9). Note: the general age of majority in Nova Scotia is 19, but a will may be made at 18.

Witnesses required

2 witnesses present at the same time (s.6(1)).

Holograph (handwritten, no witnesses)

VALID

Valid since 2006 -- entirely in the testator's handwriting and signed (s.6(2)). No witnesses required.

Curative power (court can fix a flawed will)

YES

Courts have curative power (s.8A).

Official source

Wills Act, R.S.N.S. 1989, c. 505 (as amended 2006)

Never have a beneficiary witness your will

A beneficiary's gift is void if the beneficiary or their spouse/partner witnesses the will (s.12). Saved if there are 2 other competent witnesses.

Part 2 — Power of Attorney for Property

Note: NS POA witnessing rules changed in 2022 (Bill 131). Always verify the current witnessing requirements directly at nslegislature.ca before relying on any summary, including this guide.

Called in Nova Scotia

Enduring Power of Attorney

The person you appoint is called

attorney

Witnessing required

2 witnesses of majority age (not the attorney or the attorney's spouse/partner/child) (Powers of Attorney Act, as amended 2022/Bill 131).

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

Powers of Attorney Act, S.N.S. 1995-96, c. 15 (as amended 2022)

Part 3 — Personal-Care / Health-Care Directive

Called in Nova Scotia

Personal Directive

The person you appoint is called

delegate

Witnessing required

1 witness (not the delegate or their spouse, not the person signing for the maker or their spouse) (Personal Directives Act s.3(2)). A Personal Directive may be combined with an Enduring Power of Attorney (s.23).

Official source

Personal Directives Act, S.N.S. 2008, c. 8

When to see a lawyer in Nova Scotia

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 Nova Scotia 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 — Nova Scotia

Named as executor? Probate, CRA TX19, compensation.

When Someone Dies — Nova Scotia

Death Certificate, Service Canada, CRA — free checklist.

Common questions — Nova Scotia

What is the minimum age to make a will in Nova Scotia?

In Nova Scotia, the minimum age is 18. Age 18 (or married; military/mariner exception, s.9). Note: the general age of majority in Nova Scotia is 19, but a will may be made at 18.

Is a handwritten (holograph) will valid in Nova Scotia?

Valid since 2006 -- entirely in the testator's handwriting and signed (s.6(2)). No witnesses required.

What is a power of attorney for property called in Nova Scotia?

In Nova Scotia it is called a "Enduring Power of Attorney". The person appointed is the attorney. Witnessing: 2 witnesses of majority age (not the attorney or the attorney's spouse/partner/child) (Powers of Attorney Act, as amended 2022/Bill 131).

What is a personal-care directive called in Nova Scotia?

In Nova Scotia it is called a "Personal Directive". The person appointed is the delegate. Witnessing: 1 witness (not the delegate or their spouse, not the person signing for the maker or their spouse) (Personal Directives Act s.3(2)). A Personal Directive may be combined with an Enduring Power of Attorney (s.23).

Wills & POA guides for other provinces

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

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