Free guide — PE

Wills & Power of Attorney — Prince Edward Island

Q: What is the minimum age to make a will in Prince Edward Island?

In Prince Edward Island, the minimum age to make a will is 18. Age 18 (or married) (Probate Act s.60).

Q: What is a power of attorney for property called in Prince Edward Island?

In Prince Edward Island, 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. Use only the NEW Powers of Attorney and Personal Directives Act (S.P.E.I. 2023, c. 34 / Cap. P-16.1). The old Powers of Attorney Act was REPEALED November 1, 2025. Any form or kit based on the old Act is invalid. Witnessing: 1 witness; disqualified: the attorney/agent, a family member of the attorney/agent, their employee or representative (unless the attorney is a lawyer, the Public Guardian and Trustee, or a trust company), and anyone under 18 (new Act, s.32).

Q: What is a personal-care or health-care directive called in Prince Edward Island?

In Prince Edward Island, the instrument for health and personal-care decisions is called a "Health Care Directive". The person appointed is called the proxy. Witnessing: 1 witness (not the proxy or their spouse) (Consent to Treatment and Health Care Directives Act s.21). Treatment instructions and the proxy appointment may be in the same document.

Province-specific rules for Prince Edward Island: will requirements (age 18, no standalone holograph), 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 (or married) (Probate Act s.60).

Witnesses required

2 witnesses present at the same time who sign in the presence of the testator AND in the presence of each other (s.60). PEI requires witnesses to sign in each other's presence -- not just in the testator's presence.

Holograph (handwritten, no witnesses)

NOT VALID as standalone

NOT valid in PEI as a standalone form. Only a privileged will (military/mariner) may be made without proper witnesses (s.62). Use the 2-witness process.

Curative power (court can fix a flawed will)

YES

Courts have curative power (s.70) BUT it requires the deceased's signature. A document that lacks the deceased's signature cannot be saved.

Official source

Probate Act, R.S.P.E.I. 1988, c. P-21, Part III

Never have a beneficiary witness your will

A beneficiary's (or their spouse's) gift is "utterly null and void" if the beneficiary witnesses the will (s.65). PEI has NO saving power for this -- it is the strictest beneficiary-witness rule in Canada. Never have a beneficiary witness your will in PEI.

PEI strictest rule: the gift is “utterly null and void” — there is absolutely no court saving power. Use independent witnesses only.

Part 2 — Power of Attorney for Property

Prince Edward Island special requirement

Use only the NEW Powers of Attorney and Personal Directives Act (S.P.E.I. 2023, c. 34 / Cap. P-16.1). The old Powers of Attorney Act was REPEALED November 1, 2025. Any form or kit based on the old Act is invalid.

Called in Prince Edward Island

Enduring Power of Attorney

The person you appoint is called

attorney

Witnessing required

1 witness; disqualified: the attorney/agent, a family member of the attorney/agent, their employee or representative (unless the attorney is a lawyer, the Public Guardian and Trustee, or a trust company), and anyone under 18 (new Act, s.32).

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 and Personal Directives Act, S.P.E.I. 2023, c. 34 (Cap. P-16.1) -- in force November 1, 2025

Part 3 — Personal-Care / Health-Care Directive

Called in Prince Edward Island

Health Care Directive

The person you appoint is called

proxy

Witnessing required

1 witness (not the proxy or their spouse) (Consent to Treatment and Health Care Directives Act s.21). Treatment instructions and the proxy appointment may be in the same document.

Official source

Consent to Treatment and Health Care Directives Act, R.S.P.E.I. 1988, c. C-17.2

When to see a lawyer in Prince Edward Island

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.

Prince Edward Island: a handwritten (holograph) will is not automatically valid. Use the proper witnessed process.

Prince Edward Island: a property POA legally requires a PE lawyer -- a lawyer is not optional here.

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 Prince Edward Island 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 — Prince Edward Island

Named as executor? Probate, CRA TX19, compensation.

When Someone Dies — Prince Edward Island

Death Certificate, Service Canada, CRA — free checklist.

Common questions — Prince Edward Island

What is the minimum age to make a will in Prince Edward Island?

In Prince Edward Island, the minimum age is 18. Age 18 (or married) (Probate Act s.60).

Is a handwritten (holograph) will valid in Prince Edward Island?

NOT valid in PEI as a standalone form. Only a privileged will (military/mariner) may be made without proper witnesses (s.62). Use the 2-witness process.

What is a power of attorney for property called in Prince Edward Island?

In Prince Edward Island it is called a "Enduring Power of Attorney". The person appointed is the attorney. Use only the NEW Powers of Attorney and Personal Directives Act (S.P.E.I. 2023, c. 34 / Cap. P-16.1). The old Powers of Attorney Act was REPEALED November 1, 2025. Any form or kit based on the old Act is invalid. Witnessing: 1 witness; disqualified: the attorney/agent, a family member of the attorney/agent, their employee or representative (unless the attorney is a lawyer, the Public Guardian and Trustee, or a trust company), and anyone under 18 (new Act, s.32).

What is a personal-care directive called in Prince Edward Island?

In Prince Edward Island it is called a "Health Care Directive". The person appointed is the proxy. Witnessing: 1 witness (not the proxy or their spouse) (Consent to Treatment and Health Care Directives Act s.21). Treatment instructions and the proxy appointment may be in the same document.

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