Free guide: SK

Wills & Power of Attorney: Saskatchewan

Province-specific rules for Saskatchewan: will requirements (age 18, holograph valid), and 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 cohabiting (s.5) and armed forces members or sailors (s.6).

Witnesses required

2 witnesses present at the same time (s.7). Remote witnessing permitted if one witness is a lawyer (s.7(3)).

Holograph (handwritten, no witnesses)

VALID

Valid: entirely in the testator's handwriting and signed (s.8). No witnesses required.

Curative power (court can fix a flawed will)

YES

Courts have curative power (s.37) to give effect to a document as a will even if it does not meet formal requirements.

Official source

The Wills Act, 1996, S.S. 1996, c. W-14.1

Never have a beneficiary witness your will

A beneficiary's interest is void where the will cannot be proved without their evidence as a witness (s.13). The court has a saving power (s.13(5)-(6)).

Part 2: Power of Attorney for Property

Called in Saskatchewan

Enduring Power of Attorney

The person you appoint is called

attorney

Witnessing required

2 adult witnesses (not the attorney or any family member of the grantor or attorney), OR 1 lawyer with a prescribed certificate (Powers of Attorney Act, 2002, s.12).

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, 2002, S.S. 2002, c. P-20.3

Part 3: Personal-Care / Health-Care Directive

Called in Saskatchewan

Health Care Directive

The person you appoint is called

proxy

Witnessing required

No witness required if the maker self-signs. A witness is required only if someone else signs at the maker's direction (virtual witnessing only via a lawyer). Treatment instructions and the proxy appointment may be in the same document.

Official source

Health Care Directives and Substitute Health Care Decision Makers Act, 2015

When to see a lawyer in Saskatchewan

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 Saskatchewan 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: Saskatchewan

Named as executor? Probate, CRA TX19, compensation.

When Someone Dies: Saskatchewan

Death Certificate, Service Canada, CRA: free checklist.

Common questions: Saskatchewan

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

In Saskatchewan, the minimum age is 18. Age 18; exceptions for those married or cohabiting (s.5) and armed forces members or sailors (s.6).

Is a handwritten (holograph) will valid in Saskatchewan?

Valid: entirely in the testator's handwriting and signed (s.8). No witnesses required.

What is a power of attorney for property called in Saskatchewan?

In Saskatchewan it is called a "Enduring Power of Attorney". The person appointed is the attorney. Witnessing: 2 adult witnesses (not the attorney or any family member of the grantor or attorney), OR 1 lawyer with a prescribed certificate (Powers of Attorney Act, 2002, s.12).

What is a personal-care directive called in Saskatchewan?

In Saskatchewan it is called a "Health Care Directive". The person appointed is the proxy. Witnessing: No witness required if the maker self-signs. A witness is required only if someone else signs at the maker's direction (virtual witnessing only via a lawyer). Treatment instructions and the proxy appointment may be in the same document.

What laws govern wills and powers of attorney in Saskatchewan?

In Saskatchewan, wills are governed by the The Wills Act, 1996, S.S. 1996, c. W-14.1, and powers of attorney for property by the Powers of Attorney Act, 2002, S.S. 2002, c. P-20.3. Each section on this page links to the official source.

Wills & POA guides for other provinces

ON: Ontario BC: British Columbia AB: Alberta MB: Manitoba QC: Quebec NB: New Brunswick NS: Nova Scotia PE: Prince Edward Island NL: Newfoundland & Labrador

Last updated: June 2026

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