How to Write a Will in Manitoba
Writing a Will in Manitoba follows The Wills Act (CCSM c W150). This guide covers the practical execution requirements and Manitoba-specific considerations.
Governing statute
The Wills Act, CCSM c W150
Manitoba's primary wills statute. Available at CanLII and through Manitoba Laws.
Age and testamentary capacity
Section 8 of The Wills Act sets the general minimum age at 18. A person under 18 can still make a valid Will if, at the time, they are or have been married, they are a member of the Canadian Forces regular force, or they qualify for a privileged military/mariner's Will under section 5. A minor who makes a Will under this exception can revoke it while still under 18.
Alongside age, the testator needs testamentary capacity at the moment of signing — the same common-law test Canadian courts apply generally: understanding that they are making a Will, the general extent of their property, and the people who might reasonably expect to inherit.
Formal Will requirements
1. Written form
Must be in writing — typed, printed, or handwritten.
2. Signature by testator
Signed at the end of the document by the testator (or by another person in the testator's presence and at the testator's direction).
3. Two witnesses present at the same time
Signature made or acknowledged in the presence of two or more witnesses who are present at the same time. Both must witness together.
4. Witnesses sign in testator's presence
The witnesses sign the Will in the presence of the testator.
Holograph Wills
A holograph Will is valid in Manitoba if:
- Wholly in the testator's own handwriting
- Signed by the testator at its end
No witnesses required. No additional formality required.
Important: Must be entirely handwritten by the testator. Mixed typed and handwritten doesn't qualify as a holograph. Typed Wills require witnesses.
Section 23 — Manitoba's curative power
Section 23 of The Wills Act gives Manitoba courts power to validate documents that don't strictly comply with formal requirements.
The court may order that a document or writing be fully effective as a will, even though it wasn't executed in formal compliance, if the court is satisfied the document represents the deceased's testamentary intentions.
Applies to: Deaths on or after October 1, 1983 (regardless of when the document was made).
Practical effect: Manitoba was an early adopter of the substantial compliance approach. The leading Manitoba case interpreting section 23 is George v. Daily (1997, Manitoba Court of Appeal), which has been influential in shaping curative provisions in other provinces (notably BC's section 58 WESA).[4]
Don't rely on section 23 as a substitute for proper execution — it's a backstop. But if formal execution went wrong, section 23 may provide a remedy.
Manitoba's distinctive features
No probate fees (since 2020)
Manitoba abolished probate fees in 2020. There are still some modest administrative fees but the percentage-based probate tax that other provinces charge (Ontario charges 1.5% over $50,000 with no cap; BC charges 1.4% over $50,000) has been eliminated.
Practical effect: Manitoba is now relatively friendly for larger estates from a probate fee perspective. Probate avoidance strategies (joint ownership, beneficiary designations, multiple wills) are less compelling than in high-probate-fee provinces.
No government Wills Registry
Unlike British Columbia, Manitoba does not operate a voluntary registry for recording where a living person's Will is stored. Manitoba Vital Statistics registers births, deaths, marriages, and name changes — it does not record Will locations.
What Manitoba does have is post-probate: the Archives of Manitoba maintains an estate file index that can help locate a Will that has already been through probate, and the Court of King's Bench probate registry holds recent probate files. Neither helps a family find an original Will that hasn't yet been probated.
Practical effect: in Manitoba, telling your executor exactly where the original Will is kept — and confirming with your lawyer whether they hold it in their vault — matters more than it would in a province with a registry.
Marriage still revokes a Will
Manitoba has not followed Alberta and British Columbia here. Section 17 of The Wills Act still provides that a Will is revoked by the marriage of the testator, unless the Will contains a declaration that it was made in contemplation of that marriage (or a narrower exception applies, such as exercising a power of appointment). A Will signed before marrying, with no such declaration, generally stops being effective once the marriage happens.
Divorce is treated separately, under section 18(2): a final decree of divorce revokes a gift, and any executor or trustee appointment, in favour of the former spouse — the Will is read as if the former spouse died first. Separation alone, even a long one, does not have this effect; a separated-but-not-divorced spouse can still inherit under an unrevised Will.
Practical effect: a Manitoban planning to marry should either sign the Will after the wedding or include a contemplation-of-marriage clause. And a Will should be reviewed again on divorce (or ideally on separation, even though the statute doesn't force the issue until the divorce is final).
Strong substantial compliance history
Manitoba's section 23 has been in force since 1983 — one of the longest-running substantial compliance provisions in Canada. Substantial case law has developed.
Who can be a witness
Adults with capacity. Cannot be beneficiaries or spouses of beneficiaries without consequence (gift to such witness is generally void). Use independent witnesses.
Common Manitoba Will components
Standard structure:
- Testator identification
- Revocation clause (revokes prior Wills)
- Executor appointment (and backup)
- Guardian appointment if minor children (and backup)
- Specific bequests if any
- Residue clause
- Powers of executor
- Severability clause
- Funeral preferences (optional)
- Signing and witness lines
- Affidavit of execution (optional, simplifies probate)
Specific Manitoba considerations
Common-law spouse rights
Manitoba's Family Property Act and intestacy provisions give specific rights to common-law spouses. Specific provincial framework applies.
Cottage and family property
Manitoba is a cottage province (lakes, family cottages common). Specific cottage planning considerations apply — capital gains, inheritance, equal vs unequal treatment among children.
Indigenous estate planning
Indigenous Services Canada has specific procedures for First Nations members living on reserve in Manitoba. Specific to circumstances.
What we focus on at It's Simple Will
The Will Creator handles Manitoba Wills following The Wills Act requirements. The platform walks through the signing instructions specific to Manitoba including the witnessing requirements.
Related guides
Citations & sources
- [1]The Wills Act, CCSM c W150 — Government of Manitoba / CanLII
- [2]Manitoba Laws — The Wills Act — Government of Manitoba
- [3]Government of Manitoba — Wills (Family Law) — Government of Manitoba
- [4]George v. Daily, 1997 CanLII 17825 (MB CA), (1997) 143 DLR (4th) 273 — Manitoba Court of Appeal / CanLII
Frequently asked questions
What's the governing statute?
The Wills Act (CCSM c W150) — Continuing Consolidation of the Statutes of Manitoba. Available at CanLII and through Manitoba Laws. Has been amended over time.
How do I make a formal Manitoba Will?
Must be in writing. Signed by the testator at the end (or by someone else in the testator's presence and at the testator's direction). Signature made or acknowledged in the presence of two or more witnesses who are present at the same time. The two witnesses sign in the presence of the testator.
Are holograph Wills valid in Manitoba?
Yes. A holograph Will, wholly in the testator's own handwriting and signed at its end, is valid without witnesses or other formality. Must be entirely in the testator's handwriting (typed portions disqualify).
What's section 23 of the Manitoba Wills Act?
Section 23 allows the Manitoba court to order that a document or writing be fully effective as a will even though it wasn't executed in compliance with formal requirements, if the court is satisfied the document represents the deceased's testamentary intentions. Applies to deaths on or after October 1, 1983.
Does Manitoba charge probate fees?
Manitoba abolished probate fees in 2020. There are still some administrative fees but the percentage-based probate tax that other provinces charge has been eliminated. This was a significant change making Manitoba relatively friendly for larger estates.
Does Manitoba have a Wills Registry?
No. Unlike British Columbia, Manitoba does not operate a government registry for recording where a living person's Will is stored. Manitoba Vital Statistics registers births, deaths, marriages, and name changes, but not Will locations. The Archives of Manitoba does hold an index of estate files for Wills that have already gone through probate, which can help locate a probated Will after the fact, but that is not a substitute for telling your executor where your original Will is kept while you're alive.
How old do I have to be to make a Will in Manitoba?
Eighteen. Section 8 of The Wills Act allows an exception for a person under 18 who is or has been married, or who is a member of the Canadian Forces regular force (or entitled to make a privileged military/mariner's Will under section 5). The testator also needs testamentary capacity at the time of signing — the ability to understand that they're making a Will, the general extent of their property, and the people who might reasonably expect to inherit.
Does marriage in Manitoba revoke a Will?
Yes, generally. Section 17 of The Wills Act still provides that marriage revokes an existing Will, unless the Will states it was made in contemplation of that marriage (or a narrower exception applies). This is different from Alberta and British Columbia, which abolished automatic revocation by marriage. A Manitoban who marries after signing a Will should have it reviewed. Divorce is treated differently — under section 18(2), a final decree of divorce revokes gifts and executor/trustee appointments in favour of the former spouse, but separation alone does not.