Requirements

A will is only considered valid if it is in writing.

The testator (person making the will) must sign it at the end in the presence of two or more witnesses who are also present at the same time. The witnesses must then attest and subscribe the will in the presence of the testator.

A person authorized under the regulations may, in the manner specified in the regulations, witness a testator signing or acknowledging a signature on a will without being in the presence of the testator or another witness. The will must contain or append any wording required under the regulations.

Canadian forces wills

Members of the Canadian Forces, as well as other naval, land, or air forces, may make a will by writing signed at its end by the testator or by some other person in the presence and by the direction of the testator without any further formality or any requirement of the presence of, or attestation or signature by, a witness.

A certificate signed by or on behalf of an officer purporting to have custody of the records of the force in which a person was serving at the time the will was made, setting out that the person was on active service at that time, is sufficient proof of that fact.

If a certificate is not available, a person is deemed to be on active service if the person is a member of a naval, land or air force and has taken steps under the orders of a superior officer preparatory to serving with, or being attached to, or seconded to, a component of such a force that has been placed on active service.

Holograph wills

Holograph wills are also recognized and valid in Manitoba. These are wills that are wholly in the testator's own handwriting and signed at the end by the testator, without the need for witnesses.

Placement of signature

A will is deemed to be signed at its end if the signature of the testator or the person signing for the testator is placed at, after, following, under, beside, or opposite to, the end of the will so that it is apparent on the face of the will that the testator intended to give effect by the signature to the writing signed as the testator's will.

Manitoba Wills Act s. 3-7