A will allows you to provide clear directions for your property after you die. A will also lets you provide a back-up plan for your property if the person you plan to give your property to dies before you. If you have children, a will can specifically name a legal guardian for your children in the event that you and your partner pass away while your children are still minors. A will also allows you to name the person in charge of your property when you die. You can name multiple people or substitutes if the first named person dies before you.

In Manitoba there are certain default rules under the Intestate Succession Act that list who is entitled to your property if you die without a will but these rules may not be in keeping with your wishes. Not having a will also makes it more difficult to administer your estate as your next of kin will have to make an application to the court which will require the consent of all the other next of kin if they are closer in relation to you than the person willing to make the application.

Generally speaking, it is recommended that you review your will every 5 to 10 years or after a significant life event. This could be a marriage, separation, divorce or acquisition of a large amount of property. It is important to note that any will that you may have before marriage is void after marriage as your partner will have certain rights to your estate regardless of whether or not they are included in your will. Your will can be changed anytime before you die provided you are mentally competent. Depending on the changes you plan to make, some changes can be made by attaching these to your original will without having to make a completely new will. If you have any questions in this respect, please contact a lawyer.

A power of attorney allows you to name someone to make legal decisions on your behalf if you are unable to for whatever reason.

It is recommended that everyone at least 18 years old have a power of attorney in place in the event your health declines or you are otherwise unable to make decisions.