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FREE GUIDE: NS

Wills & Power of Attorney: Nova Scotia

This page is the free Nova Scotia 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 Nova Scotia: will requirements (age 18, holograph valid), and 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.

  1. 1

    Part 1: Will

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    Minimum age

    18 years old

    The age of majority in Nova Scotia is 19 (Age of Majority Act s.2(1)). A will made by a person under the age of majority is not valid unless the person is or has been married (Wills Act s.4(1)).

    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).

    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.

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  2. 2

    Part 2: Power of Attorney for Property

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    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.

    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.

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  3. 3

    Part 3: Personal-Care / Health-Care Directive

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    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).

    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.

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  4. 4

    When to see a lawyer in Nova Scotia

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    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.

    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 →

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  5. 5

    Common questions: Nova Scotia

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    What is the minimum age to make a will in Nova Scotia?
    In Nova Scotia, the minimum age is 18. The age of majority in Nova Scotia is 19 (Age of Majority Act s.2(1)). A will made by a person under the age of majority is not valid unless the person is or has been married (Wills Act s.4(1)).
    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).
    What laws govern wills and powers of attorney in Nova Scotia?
    In Nova Scotia, wills are governed by the Wills Act, R.S.N.S. 1989, c. 505 (as amended 2006), and powers of attorney for property by the Powers of Attorney Act, S.N.S. 1995-96, c. 15 (as amended 2022). 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

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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.