Free guide — SK

Wills & Power of Attorney — Saskatchewan

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

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

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

In Saskatchewan, 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 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).

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

In Saskatchewan, the instrument for health and personal-care decisions is called a "Health Care Directive". The person appointed is called 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.

Province-specific rules for Saskatchewan: will requirements (age 18, holograph valid), 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.

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

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