Skip to main content
The Wills Act

C.C.S.M. c. W150

The Wills Act

1 Definitions
PART I
GENERAL
2 Property disposable by will
3 Writing required
4 Signatures required
5(1) Military forces and mariners
(2) Certificate as to service
(3) Other evidence of service
6 Holograph will
7(1) Place of signature: all wills
(2) Special rules
(3) Writing underneath signature
8(1) Infants
(2) Certificate as to service
(3) Revocation by infants
9 Will exercising power of appointment
10 Publication
11 Incompetency of witness
12(1) Definition of "common-law partner"
(1.1) Gift to attesting witness
(2) Attestation by two other witnesses
(3) Validation of gifts to witnesses
13(1) Gift to persons signing for testator
(2) Validation of gifts to signor of will
14 Creditor as witness
15 Executor as witness
16 Revocation in general
17 Revocation by marriage
18(1) No revocation by presumption
(2) Effect of divorce
(3) Definition of "spouse"
(4) Effect of termination of common-law relationship
19(1) Making alterations
(2) Execution of alterations
20(1) Revival
(2) Partial revival
21 Subsequent conveyance
22(1) Time of revival or re-execution
(2) Will speaking from death
23 Dispensation power
24(1) Property disposed of by committee or substitute decision maker
(2) Application to Public Guardian and Trustee
25 Lapsed and void devises
25.1 Devise of estate tail
25.2 When issue predecease testator
25.3 Definition of issue
26 Leaseholds in general devise
27(1) Exercise of gen'l power of appt.
(2) Bequest of personal property
28 Devise without words of limitation
29 Gifts to heirs
30(1) Meaning of "die without issue"
(2) Exception
31 Devise to trustees
32 Unlimited devise to trustees
33
34
35(1) All children legitimate
(2) Relationship by adoption
36(1) Primary liability of mortgaged land
(2) Signifying contrary intention
(3) Saving
(4) "Mortgage" defined
37(1) Executor as trustee of residue
(2) Saving
38(1) Application of this Part
(2) Application of anti-lapse provisions
(3) Subsecs. 12(3) and 13(2) and sec. 23
(4) Application of section 25.2
PART II
CONFLICT OF LAWS
39 Definitions
40 Application of Part
41(1) Interests in land under will
(2) Interest in movables under will
42(1) Validity re. movables
(2) Properly made wills re. movables
43 Change of domicile
44 Construction of will
45 Movables related to land
46(1) Formalities
(2) Curative effect
47(1) Application of Part
(2) Saving clause for old wills
(3) Effect of former Part II
(4) Effect of Part II of R.S.M., 1954
PART III
INTERNATIONAL WILLS
48 Definitions
49 Application of convention
50 Rules re. international will
51 Validity under other laws
52 Authorized persons
53
54
55
56
57
58 Regulations
PART IV
GENERAL
59 Act subject to Homesteads and Family Property Acts
60(1) Application of 1913 Act
(2) Application of 1954 Act
61 Commencement
SCHEDULE
CONVENTION PROVIDING A UNIFORM LAW ON THE FORM OF AN INTERNATIONAL WILL
Article I
Article II
Article III
Article IV
Article V
Article VI
Article VII
Article VIII
Article IX
Article X
Article XI
Article XII
Article XIII
Article XIV
Article XV
Article XVI
ANNEX TO THE CONVENTION — RULES REGARDING AN INTERNATIONAL WILL
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15