Property disposable

A person can use their will to decide who gets all of their property (real estate and personal belongings) when they die. This includes things like the land that someone else is living on (called "estates pur autre vie"), things that the person may not own yet but will in the future, and even the right to enter or access the certain property.

Gift to witness

If a person who is a witness to a will receives a gift in that will, that gift is considered void unless there are at least two other witnesses who do not receive a gift in the will.

However, the court may validate the gift to the witness if it is satisfied that there was no improper or undue influence on the testator.

If someone signs the will for the testator and receives a gift in the will, that gift is also considered void unless the court validates it.

Creditor as witness

If a creditor whose debt is charged by the will is a witness, they are still a competent witness to prove the execution or validity of the will.

Executor as recipient

Being an executor of the will does not make someone incompetent as a witness to prove the execution or validity of the will.

Manitoba Wills Act s.5, 12-15