The Homesteads Act

The Homesteads Act, C.C.S.M. c. H80 (Assented to June 24, 1992) bilingual version (HTML) Table of Contents Section INTERPRETATION AND APPLICATION 1 Definitions 2 One homestead only 2.1 Only one spouse or common-law partner with rights 2.2 Homestead rights of second spouse or common-law partner 3 Application of Act to persons under 18 3.1 Parties living separate and apart DISPOSITION PROHIBITED WITHOUT CONSENT 4 Disposition prohibited without consent 5 Proof of non-application of Act 6 Disposition without consent set aside DURATION OF HOMESTEAD 7 Change of residence 8 Election after death of owner CONSENTS 9 Consents 10 Court may dispense with consent RELEASES 11 Spouse or common-law partner may release rights 12 Effect of registration of release 13 Consent to terminate release 14 Order terminating release 15 Discharge of release registered in land titles office REMEDY OF SPOUSE OR COMMON-LAW PARTNER 16 Liability for fraudulent disposition 17 Repealed 18 Registration of judgment HOMESTEAD NOTICES 19 Right to register homestead notice 20 Discharge or vacating of notice LIFE ESTATE IN HOMESTEAD 21 Life estate on death of owner 22 Consent to disposition after death of owner GENERAL PROVISIONS 23 Authority of attorney 24 Owner cannot be attorney 25 Authority of committee or substitute decision maker 25.1 Remote witnessing 26 Order validating defective document 27 Defects in form not to invalidate proceedings 28 Contracting out 29 Regulations 30 Transitional 31 C.C.S.M. reference 32-51 Amendments to The Marital Property Act 52-66 Consequential amendments 67 Repeal 68 Coming into force HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: INTERPRETATION AND APPLICATION Definitions 1 In this Act, "attorney" means a person authorized to act for another person under a power of attorney; (« procureur ») "committee" means a committee under The Mental Health Act ; (« curateur ») "common-law partner" of a person means (a) another person who, with the person, registered a common-law relationship under section 13.1 of The Vital Statistics Act , or (b) subject to section 3.1, another person who, not being married to the person, cohabited with him or her in a conjugal relationship for a period of at least three years, commencing either before or after the coming into force of this definition; (« conjoint de fait ») "common-law relationship" means the relationship between two persons who are common-law partners of each other; (« union de fait ») "court" means the Court of King's Bench; (« tribunal ») "disposition" means a disposition of land by the owner and includes (a) a grant, transfer, sale, agreement for sale, grant of an option to purchase or a right of first refusal to purchase, lease for more than three years, or other disposition during the owner's lifetime, (b) a devise or other disposition made by will, (c) a legal or equitable mortgage, and (d) an encumbrance, charge or lien other than (i) a certificate of judgment under The Judgments Act , (ii) a lien or charge on land created by the recording or registration of a certificate of judgment, or (iii) a lien under The Builders' Liens Act ; (« aliénation ») "district registrar" means a district registrar under The Real Property Act and includes a registrar under The Registry Act ; (« registraire de district ») "election" means an election by an owner's spouse or common-law partner under section 8; (« choix ») "homestead" means (a) in the case of a residence in a city, town or village occupied by the owner and the owner's spouse or common-law partner as their home, the residence and the land on which it is situated, consisting of (i) not more than six lots or, if the block is not subdivided into lots, one block, as shown on a plan registered in a land titles office, and (ii) not more than one acre, if the land is not described by registered plan, (b) in the case of a residence outside a city, town or village occupied by the owner and the owner's spouse or common-law partner as their home, the residence and the land on which it is situated, consisting of not more than 320 acres or a half section, subject to the following conditions: (i) if the land exceeds 320 acres in the same section, the 320 acres shall be comprised of the quarter section on which the residence is situated, together with such other lands in that section as the owner or the owner's personal representative shall designate, (ii) if the land is in more than one section, river lot or parish lot, the homestead shall be comprised of the quarter section, river lot or parish lot on which the residence is situated, together with the other lands in that section or adjacent to or across a road or highway from the section, river lot or parish lot, but if the land so described exceeds 320 acres the owner or the owner's personal representative shall designate 320 acres of the land as the homestead including the quarter section, river lot or parish lot on which the residence is situated, (c) a unit and common interest within the meaning of The Condominium Act , occupied by the owner and the owner's spouse or common-law partner as their home; (« propriété familiale ») "land titles office" means a land titles office for a land titles district established under The Real Property Act and includes a registry office established under The Registry Act ; (« bureau des titres fonciers ») "owner" means a married person, or a person in a common-law relationship, who is an owner of a homestead; (« propriétaire ») "personal representative" means an executor, an administrator or an administrator with will annexed; (« représentant personnel ») "release" means a release by an owner's spouse or common-law partner of rights in a homestead under section 11; (« renonciation ») "substitute decision maker for property" means a substitute decision maker for property who has been appointed under The Adults Living with an Intellectual Disability Act and who has the power to act in respect of matters which fall within the scope of this Act; (« subrogé à l'égard des biens ») "will" means a will as defined in The Wills Act . (« testament ») S.M. 1993, c. 29, s. 185 ; S.M. 1993, c. 48, s. 19 ; S.M. 2002, c. 48, s. 10 ; S.M. 2011, c. 33, s. 47 ; S.M. 2023, c. 19, s. 94 . One homestead only 2 A person may have only one homestead at any one time. Only one spouse or common-law partner with rights 2.1 Only one spouse or common-law partner at a time may have rights in a homestead under this Act. S.M. 2002, c. 48, s. 10 . Homestead rights of second spouse or common-law partner 2.2 A second or subsequent spouse or common-law partner of the owner does not acquire homestead rights in a property previously occupied by the owner and his or her previous spouse or common-law partner until the following conditions are satisfied: (a) if the previous spouse or common-law partner acquired a homestead right in the property, that right has been released or terminated in accordance with this Act; (b) if the previous spouse or common-law partner has an ownership interest in the property, that interest has been transferred to the owner or another person; (c) if the previous spouse or common-law partner has a claim under The Family Property Act for an accounting and equalization of assets, that claim has been satisfied. S.M. 2002, c. 48, s. 10 . Application of Act to persons under 18 3 This Act applies to all married persons, and all persons in common-law relationships, whether or not they are under the age of 18 years, and anything done under or by virtue of this Act by a married person, or a person in a common-law relationship, under the age of 18 years is deemed to have been done by an adult. S.M. 2002, c. 48, s. 10 . Parties living separate and apart 3.1 The provisions of this Act do not apply to common-law partners who cohabited in a conjugal relationship for at least three years before the date on which this section came into force but who were living separate and apart on that date, unless (a) the parties resume cohabitation after this section comes into force and register their relationship under section 13.1 of The Vital Statistics Act ; or (b) the parties resume cohabitation after this section comes into force and continue to cohabit for a period of at least 90 days after that. S.M. 2002, c. 48, s. 10 . DISPOSITION PROHIBITED WITHOUT CONSENT Disposition prohibited without consent 4 No owner shall, during his or her lifetime, make a disposition of his or her homestead unless, subject to sections 2.1 and 2.2 (a) the owner's spouse or common-law partner consents in writing to the disposition; (b) the disposition is in favour of the owner's spouse or common-law partner; (c) the owner's spouse or common-law partner has released all rights in the homestead in favour of the owner under section 11; (d) the owner's spouse or common-law partner has an estate or interest in the homestead in addition to rights under this Act and, for the purpose of making a disposition of the spouse's or common-law partner's estate or interest, is a party to the disposition made by the owner and executes the disposition for that purpose; or (e) the court has made an order dispensing with the consent of the owner's spouse or common-law partner under section 10. S.M. 2002, c. 48, s. 10 . Proof of non-application of Act 5(1) Proof as to (a) whether a person who executes a document or instrument respecting a disposition is or is not married or in a common-law relationship; (b) whether a person who consents to a disposition is the owner's spouse or common-law partner; or (c) whether land is or is not a homestead; may be made by affidavit, statutory declaration or a statement authorized under section 194 of The Real Property Act . Affidavit, statutory declaration, etc. 5(2) An affidavit, statutory declaration or statement under subsection (1) shall be made by the person who executes the document or instrument respecting the disposition or by his or her attorney or, if the person is not mentally capable, by his or her committee or substitute decision maker for property. No duty to inquire 5(3) When proof is given in accordance with this section, no person acquiring an interest under the disposition, and no district registrar, is bound to inquire as to the truth of a matter alleged as fact in the affidavit, statutory declaration or statement. Validity of documents 5(4) When proof is given in accordance with this section, no document or instrument respecting the disposition is invalid except against a person who, at the time he or she acquired an interest under the disposition, (a) had actual knowledge of the untruth of a matter alleged as fact in an affidavit, statutory declaration or statement under subsection (1); or (b) participated or colluded in fraud in respect of the disposition. Onus of proof 5(5) The onus of proving actual knowledge or fraud under this section is on the person alleging it. S.M. 1993, c. 29, s. 185 ; S.M. 2002, c. 48, s. 10 . Disposition without consent may be set aside 6 If an owner has made a disposition to a person described in clause 5(4)⁠(a) or (b) and that person has not made a further disposition to a bona fide purchaser for value, the court shall, on application by the owner's spouse or common-law partner, set aside the disposition. S.M. 2002, c. 48, s. 10 . DURATION OF HOMESTEAD Change of residence does not change homestead 7 Even if an owner changes his or her residence, the homestead of the owner continues to be his or her homestead until (a) the owner's spouse or common-law partner consents in writing in the prescribed form to the change of homestead; (b) the owner's spouse or common-law partner releases his or her rights in the homestead in favour of the owner under section 11; or (c) the homestead is sold in accordance with this Act. S.M. 2002, c. 48, s. 10 . Election after death of owner 8(1) If an owner and his or her spouse or common-law partner had, at the time of the owner's death, left the homestead and occupied another residence as their home without the spouse's or common-law partner's written consent to a change of homestead, the spouse or common-law partner may elect that the residence occupied at the time of death shall be the homestead. When election must be made 8(2) No election shall be made after the earlier of (a) six months after the granting of letters probate or letters of administration for the estate of the owner; or (b) one month after notice is served on the spouse or common-law partner by the owner's personal representative requiring the spouse or common-law partner to make an election under this section. Election must be in writing 8(3) An election shall be made in writing in the prescribed form and be signed by the owner's spouse or common-law partner. Effect of election 8(4) On the registration of an election in the appropriate land titles office, the land in respect of which the election is made is deemed to have been the homestead of the owner at the time of his or her death. If no election 8(5) When, in a case to which subsection (1) applies, (a) the owner's spouse or common-law partner does not make an election within the time referred to in subsection (2); or (b) the owner's spouse or common-law partner notifies the owner's personal representative in writing that he or she does not wish to make an election; the spouse or common-law partner is not entitled to a life estate in the residence occupied by the owner and the owner's spouse or common-law partner at the time of the owner's death. Discharge or vacating of election 8(6) An election registered in a land titles office may be (a) discharged by the registration of a discharge as provided under The Real Property Act ; or (b) vacated by the district registrar in the circumstances described in clauses 20(2)⁠(a), (d), (e) and (e.1). S.M. 2002, c. 48, s. 10 . CONSENTS Consent to disposition or change of homestead 9(1) A consent to a disposition or a change of homestead shall be made in writing in the prescribed form. Form of consent to disposition 9(2) A consent to a disposition shall be contained in or attached to the instrument by which the disposition is effected. Persons before whom consent made 9(3) A consent to a disposition or a change of homestead shall be made before a person authorized to take affidavits under The Manitoba Evidence Act . Consent to include acknowledgment by spouse or common-law partner 9(4) The form of consent to a disposition or a change of homestead shall include an acknowledgment by the owner's spouse or common-law partner, made apart from the owner, (a) that the spouse or common-law partner is aware that The Homesteads Act gives the spouse or common-law partner a life estate in the homestead and the right to prevent disposition of the homestead by withholding consent; (b) that the spouse or common-law partner is aware that the effect of the consent is to give up, to the extent necessary to give effect to the disposition or change of homestead, his or her life estate in the homestead; and (c) that the spouse or common-law partner executes the consent freely and voluntarily without any compulsion on the part of the owner. Consent registered in L.T.O. 9(5) A consent to a disposition or a change of homestead shall be registered in the appropriate land titles office. Consent as conclusive evidence 9(6) A consent made in accordance with this section is conclusive proof of the truth of the statements contained in it and of the fact that the spouse or common-law partner who executed it was at the date of execution the spouse or common-law partner of the owner named in it and the person having homestead rights in the property, except against a person acquiring an interest under the disposition who has actual knowledge to the contrary or who participated or colluded in fraud in respect of the disposition. S.M. 2002, c. 48, s. 10 . Court may dispense with consent 10(1) If an owner wishes to dispose of the homestead and the owner's spouse or common-law partner (a) has been living separate and apart from the owner for six months or more; or (b) is mentally incapable of giving consent; the court may, on application by any person interested in the disposition, make an order dispensing with the consent of the owner's spouse or common-law partner if it appears fair and reasonable under the circumstances to do so. Court may terminate certain homestead rights 10(1.1) If (a) an owner and his or her common-law partner did not register their common-law relationship under section 13.1 of The Vital Statistics Act ; (b) the common-law partner referred to in clause (a) has homestead rights; and (c) the owner has been living separate and apart from the common-law partner for three years or more; the court may, on application by the owner, make an order terminating the homestead rights of that common-law partner if it appears fair and reasonable under the circumstances to do so. Application by personal representative 10(2) An application under subsection (1) or (1.1) may be made by the personal representative of a deceased owner. Terms and conditions 10(3) The court may make an order under subsection (1) or (1.1) subject to any terms and conditions relating to notice, payment to the owner's spouse or common-law partner, or otherwise, that the court considers appropriate. S.M. 2002, c. 48, s. 10 . RELEASES Spouse or common-law partner may release rights 11(1) Subject to sections 2.1 and 2.2, an owner's spouse or common-law partner may, in writing in the prescribed form and for valuable consideration, release in favour of the owner all rights under this Act in respect of the homestead. Persons before whom release made 11(2) A release shall be made before a person authorized to take affidavits under The Manitoba Evidence Act . Release to include acknowledgment 11(3) The form of release shall include an acknowledgment by the owner's spouse or common-law partner, made apart from the owner, (a) that the spouse or common-law partner is aware that The Homesteads Act gives the spouse or common-law partner a life estate in the homestead and the right to prevent disposition of the homestead by withholding consent; (b) that the spouse or common-law partner is aware that the effect of the release is to give up the life estate in the homestead; and (c) that the spouse or common-law partner executes the release freely and voluntarily without any compulsion on the part of the owner. Release as conclusive evidence 11(4) A release made in accordance with this section is conclusive proof (a) of the truth of the statements contained in the release; (b) of the fact that the spouse or common-law partner who executed the release was at the date of execution (i) the spouse or common-law partner of the owner named in it, and (ii) the person with homestead rights in the property; and (c) that the spouse or common-law partner received valuable consideration for giving the release; except against a person acquiring an interest under a disposition who has actual knowledge to the contrary. S.M. 2002, c. 48, s. 10 . Effect of registration of release 12 On the registration of a release in the appropriate land titles office (a) the land described in the release ceases to be the homestead of the spouse or common-law partner who executed the release; and (b) that spouse or common-law partner ceases to have any rights under this Act in the land described in the release. S.M. 2002, c. 48, s. 10 . Consent to terminate release 13 An owner and the owner's spouse or common-law partner may terminate a release by each of them signing a written consent to terminate in the prescribed form, and on the registration of the consent in the appropriate land titles office, the land to which the consent relates is again the homestead, subject to any rights that have arisen since the giving of the release. S.M. 2002, c. 48, s. 10 . Order terminating release 14(1) The court may, on application by either an owner or an owner's spouse or common-law partner, make an order terminating a release and directing the district registrar to discharge the release if the court is satisfied that (a) the release was given without adequate valuable consideration; (b) the release was given by reason of the spouses or common-law partners having been separated; (c) the spouses or common-law partners have reconciled and resumed cohabitation; and (d) the rights or interests of any third party will not be adversely affected by a termination of the release. Effect of court order 14(2) An order made under subsection (1) has the same effect as a consent given under section 13. S.M. 2002, c. 48, s. 10 . Discharge of release registered in land titles office 15 The district registrar shall discharge a release registered in the land titles office upon the registration of (a) a consent to terminate the release given under section 13; or (b) an order of the court made under subsection 14(1) directing the district registrar to discharge the release. REMEDY OF SPOUSE OR COMMON-LAW PARTNER Liability for fraudulent disposition 16(1) An owner who makes a fraudulent or wrongful disposition of the homestead by failing to obtain (a) the consent of his or her spouse or common-law partner as required by this Act; or (b) an order dispensing with the spouse's or common-law partner's consent under section 10; is liable to the spouse or common-law partner in an action for damages. Meaning of wrongful disposition 16(1.1) For the purpose of subsection (1), a wrongful disposition includes a disposition where an owner, in good faith, obtains the consent of a spouse or common-law partner who does not have homestead rights under this Act and fails to obtain the consent of the spouse or common-law partner who does have homestead rights. 16(2) [Repealed] S.M. 2011, c. 33, s. 47 . Action against owner's personal representative 16(3) An action under this section may be commenced or continued against the personal representative of a deceased owner, but the liability of the personal representative is limited to the assets of the estate that are undistributed at the time notice of the action is served on the personal representative. Limitation period 16(4) No action shall be commenced under this section after the earlier of (a) six years from the discovery by the owner's spouse or common-law partner of the disposition; or (b) six months from the date of death of the owner. Damages 16(5) The court may, in its discretion, determine the amount of a spouse's or common-law partner's damages under this section, subject to such terms and conditions as the court considers appropriate. S.M. 2002, c. 48, s. 10 ; S.M. 2011, c. 33, s. 47 . 17 [Repealed] S.M. 2002, c. 48, s. 10 ; S.M. 2011, c. 33, s. 47 . Registration of judgment 18 If an owner's spouse or common-law partner recovers a judgment against the owner under section 16 and the judgment has been fully paid, (a) the owner's spouse or common-law partner ceases to have any rights under this Act in any land registered or to be registered in the owner's name; and (b) the owner may make a disposition of any such land if the owner attaches to the disposition a certified copy of the judgment and proof satisfactory to the district registrar that the judgment has been fully paid. S.M. 2002, c. 48, s. 10 . HOMESTEAD NOTICES Right to register homestead notice 19(1) An owner's spouse or common-law partner who is entitled to rights in a homestead under this Act may register a homestead notice in the prescribed form in the appropriate land titles office claiming an interest in the homestead. Effect of notice 19(2) On the registration of a homestead notice, the district registrar shall not complete the registration of a disposition of the homestead described in the notice unless the notice is vacated or discharged. S.M. 2002, c. 48, s. 10 . Discharge of notice 20(1) A homestead notice may be discharged by the registration in the appropriate land titles office of a discharge in the form approved under The Real Property Act . S.M. 2013, c. 11, s. 69 . Vacating of notice 20(2) A homestead notice shall be vacated by the district registrar (a) on the registration of a consent by the owner's spouse or common-law partner to a disposition that disposes of all of the owner's interest in the entire homestead; (b) on the registration of a consent by the spouse or common-law partner to a change of the homestead; (c) on the registration of a release by the spouse or common-law partner, in favour of the owner, of the spouse's or common-law partner's rights in respect of the homestead; (d) on the filing of proof, satisfactory to the district registrar, of the death of the spouse or common-law partner; (e) on the filing of an order of the court under section 10 dispensing with the consent of the spouse or common-law partner to a disposition of the homestead; (e.1) on the filing of an order of the court under subsection 10(1.1) terminating the homestead rights of the common-law partner; (f) on the filing of proof, satisfactory to the district registrar, that the spouses are divorced; (f.1) on the filing of proof, satisfactory to the district registrar, that a dissolution of the common-law relationship has been registered under section 13.2 of The Vital Statistics Act ; or (g) on registration of a transfer or conveyance to complete a sale of the homestead by a disposition to which the spouse or common-law partner has consented. Effect of consent where homestead notice registered 20(3) Notwithstanding that a homestead notice has been registered, if (a) the owner's spouse or common-law partner has consented to a disposition of the homestead that does not dispose of all of the owner's interest in the entire homestead; or (b) the court has made an order under section 10 dispensing with the consent of the spouse or common-law partner to a disposition of the homestead that does not dispose of all of the owner's interest in the entire homestead; the district registrar may complete registration of the disposition free of the homestead notice, but the notice is not thereby vacated or made ineffective in respect of any legal or equitable title or interest of the owner in the homestead that is not affected by the disposition. S.M. 2002, c. 48, s. 10 . LIFE ESTATE IN HOMESTEAD Life estate on death of owner 21(1) Subject to sections 2.1 and 2.2, when an owner dies leaving a surviving spouse or common-law partner who has homestead rights in the property, that person is entitled to a life estate in the homestead as fully and effectually as if the owner had by will left that spouse or common-law partner a life estate in the homestead. Disposition subject to life estate 21(2) Any disposition of a homestead by the owner's will is subject to the spouse's or common-law partner's entitlement to a life estate in that homestead under subsection (1). S.M. 2002, c. 48, s. 10 . Consent to disposition after death of owner 22(1) An owner's spouse or common-law partner may consent to a disposition of his or her interest in the homestead after the death of the owner. Form and execution of consent 22(2) A consent under subsection (1) shall be in the prescribed form and be executed by the owner's spouse or common-law partner in the presence of a witness who shall (a) verify the signature of the spouse or common-law partner by an affidavit of execution; or (b) if the witness is a person described in section 72.5 of The Real Property Act , comply with the requirements of that section. S.M. 2002, c. 48, s. 10 ; S.M. 2011, c. 33, s. 47 . GENERAL PROVISIONS Authority of spouse's or common-law partner's attorney 23(1) A consent to a disposition, a consent to a change of homestead or a release may be executed by an attorney on behalf of an owner's spouse or common-law partner if the power of attorney expressly authorizes the attorney to execute a consent or release under this Act. Owner cannot be attorney 23(2) Despite subsection (1), an owner shall not execute a consent, a release, a consent to terminate a release or a discharge of homestead notice as attorney for his or her spouse or common-law partner. Acknowledgment of power by attorney apart from owner 23(3) An owner's spouse or common-law partner who appoints an attorney to give a consent or release under this Act shall, when executing the power of attorney, acknowledge apart from the owner (a) that the spouse or common-law partner is executing the power of attorney freely and voluntarily without any compulsion on the part of the owner; and (b) that the spouse or common-law partner is aware of the nature and effect of the power of attorney. Form of acknowledgment 23(4) An acknowledgment shall be a certificate in the prescribed form which shall be endorsed on or attached to the power of attorney. Acknowledgment by attorney 23(5) When a consent or release is executed by an attorney or a committee of or a substitute decision maker for property for an owner's spouse or common-law partner, the acknowledgment required under subsection 9(4) or 11(3) need not form part of the consent or release, but the attorney, committee or substitute decision maker for property shall execute the consent or release in the presence of a witness who shall (a) verify the signature of the attorney, committee or substitute decision maker for property by an affidavit of execution; or (b) if the witness is a person described in section 72.5 of The Real Property Act , comply with the requirements of that section. S.M. 1993, c. 29, s. 185 ; S.M. 2002, c. 48, s. 10 ; S.M. 2011, c. 33, s. 47 . Owner cannot be attorney 24 An owner shall not execute a disposition referred to in clause 4(d) (spouse or common-law partner as a party to a disposition) as attorney for his or her spouse or common-law partner. S.M. 2002, c. 48, s. 10 . Authority of committee 25(1) The committee of a spouse or common-law partner may for the purpose of this Act, without an order of the court, (a) consent to a disposition; (b) consent to a change of homestead; (c) release rights in the homestead in favour of the owner; (d) consent to terminate a release; (e) make an election; or (f) discharge a homestead notice. Authority of substitute decision maker for property 25(2) The substitute decision maker for property of a spouse or common-law partner who has been granted power under clause 92(2)⁠(l) of The Adults Living with an Intellectual Disability Act may, for the purpose of this Act, do any of the matters set out in subsection (1) without an order of the court. S.M. 1993, c. 29, s. 185 ; S.M. 2002, c. 48, s. 10 ; S.M. 2023, c. 19, s. 94 . Remote witnessing 25.1(1) A person authorized under the regulations may witness the signing of a document set out in subsection (2), or administer an oath or affirmation in respect of the document, without being in the presence of the person signing the document if (a) the signing of the document is witnessed, or the oath or affirmation is administered, in the manner specified in the regulations; and (b) the document contains or appends any wording required under the regulations. Documents that may be witnessed remotely 25.1(2) This section applies to the following documents: (a) an election under section 8; (b) a consent to a disposition or change of homestead under section 9; (c) a release of homestead rights under section 11; (d) a consent to terminate a release of homestead rights under section 13; (e) a homestead notice under section 19; (f) a consent to a disposition after the death of the owner under section 22; (g) an acknowledgment made by an attorney, committee or substitute decision maker under subsection 23(5). S.M. 2020, c. 25, s. 3 . Definition of "document" 26(1) In this section, " document " means a consent to a disposition, a consent to a change of homestead or a release. Order validating defective document 26(2) The court, on application, may make an order validating a document that lacks any formality required by this Act if the court is satisfied that (a) the document was executed voluntarily of the spouse's or common-law partner's own free will and without compulsion on the part of the owner; (b) the spouse or common-law partner was aware of the nature and effect of the document; and (c) any consent or release required under subsection 9(4) or 11(3) was given by the spouse or common-law partner apart from the owner. S.M. 2002, c. 48, s. 10 . Defect in form not to invalidate proceedings 27 No proceeding taken and no act, matter, or thing done or purporting to be done under this Act is invalid by reason only of a defect in form, a technical irregularity or a lack of formality. Contracting out 28 Nothing in this Act prohibits a person, for valuable consideration, from releasing or contracting out of his or her rights under this Act, either before or after marriage or before or after commencement of a common-law relationship. S.M. 2002, c. 48, s. 10 . Regulations 29 The Lieutenant Governor in Council may make regulations (a) prescribing forms for the purpose of this Act; (b) for the purpose of section 25.1 (remote witnessing), (i) authorizing a person or class of persons authorized to take affidavits or statutory declarations under The Manitoba Evidence Act to witness the signing of a document set out in subsection 25.1(2), or to administer an oath or affirmation in respect of the document, without being in the presence of the person signing the document, (ii) specifying the procedures to be followed for witnessing the signing of a document or administering an oath or affirmation in respect of a document, (iii) if the person signing a document and the witness or person administering an oath or affirmation in respect of the document are in different jurisdictions, deeming the document to be signed, sworn or affirmed in a particular jurisdiction, and (iv) prescribing wording to be included in or appended to a document. S.M. 2020, c. 25, s. 3 . Transitional 30(1) In this section, " former Act " means The Dower Act , R.S.M. 1988, Cap. D100. Deaths before this Act comes into force 30(2) The provisions of the former Act respecting a spouse's entitlement to a life estate in the homestead continue in force as if unrepealed in respect of the death of a spouse occurring before this Act comes into force. Dispositions 30(3) The provisions of the former Act concerning the execution of documents or instruments respecting dispositions apply with respect to dispositions executed before this Act comes into force. Caveats and dower notices 30(4) A caveat or a dower notice registered under the former Act is deemed to be a homestead notice registered under this Act. Documents under former Act 30(5) Any (a) consent to a change of homestead, or election to change a homestead; (b) release of rights in a homestead, or consent to the termination of such a release; (c) power of attorney giving authority to deal with rights in a homestead; (d) certificate of acknowledgment relating to a consent or release or a grant of a power of attorney; (e) order of a court respecting rights in a homestead; or (f) agreement to provide a release, consent or other document relating to a homestead; made, executed or registered in accordance with the former Act before this Act comes into force is deemed to be effective for the purposes of this Act. S.M. 1993, c. 48, s. 19 . C.C.S.M. reference 31 This Part may be cited as The Homesteads Act and referred to as chapter H80 of the Continuing Consolidation of the Statutes of Manitoba . 32 to 51 NOTE: These sections made up Part 2 of the original Act and contained amendments to The Family Property Act that are now included in that Act. 52 to 66 NOTE: These sections made up Part 3 of the original Act and contained consequential amendments to other Acts that are now included in those Acts. Repeal 67 The Dower Act , R.S.M. 1988, c. D100, is repealed. S.M. 1993, c. 48, s. 19 . Coming into force 68 This Act comes into force on a day fixed by proclamation. NOTE: S.M. 1992, c. 46 , came into force by proclamation on August 15, 1993.