Wills
The Importance of Making a Will
In Alberta, a Will is a vital legal document that ensures your property is distributed according to your wishes after your death. It allows you to name executor(s) or personal representative(s) to manage your estate and carry out your instructions. Additionally, you can appoint a guardian for any minor children who may require care after your passing. By having a Will, you can provide clarity and ease the burden on your loved ones during a difficult time, ensuring your final wishes are respected.
Types of Wills in Alberta
There are three types of Wills recognized in Alberta:
Preparing a Will
To create a comprehensive and enforceable Will, it is recommended to consult a lawyer. The Law Society of Alberta offers a Lawyer Referral Service, which can be reached at 1-800-661-1095, to help connect you with a professional.
If There Is No Will
Dying without a Will in Alberta means your estate is considered "intestate." In such cases, the Wills and Succession Act governs how your property will be distributed. This process can lead to outcomes that may not align with your preferences, underscoring the importance of having a valid Will.
Storing Your Will
In Alberta, there is no central Will registry. The original Will is the only legally binding version and must be stored securely. Options for storage include:
Authorizing the Executor of a Will (Grant of Probate)
When a person passes away, their bank accounts are typically frozen until an executor provides the necessary documentation, including:
By planning ahead and creating a valid Will, you protect your legacy and provide peace of mind for your loved ones.
In Alberta, a Will is a vital legal document that ensures your property is distributed according to your wishes after your death. It allows you to name executor(s) or personal representative(s) to manage your estate and carry out your instructions. Additionally, you can appoint a guardian for any minor children who may require care after your passing. By having a Will, you can provide clarity and ease the burden on your loved ones during a difficult time, ensuring your final wishes are respected.
Types of Wills in Alberta
There are three types of Wills recognized in Alberta:
- Formal or Conventional Wills
These Wills are typically prepared with the assistance of a lawyer. Key requirements include:- You must sign the Will or have someone sign it on your behalf in your presence if you're unable to do so.
- You must be mentally competent and over the age of 18.
- Your signature must appear at the end of the document for the Will to be considered valid.
- Two witnesses (who are not beneficiaries or your legal spouse) must sign the Will in your presence.
- Holograph Wills
Holograph Wills are handwritten and signed by the individual creating them. They do not require witnesses but must clearly express the intention to distribute assets. While valid in Alberta, they are not recognized in all provinces and are often incomplete or difficult to enforce. Consulting a lawyer is strongly recommended to ensure your estate and intentions are adequately addressed. - Soldiers' Wills
Members of the Canadian Armed Forces on active duty, as well as mariners, can create valid Wills without witnesses. These Wills remain valid after service, but it is advisable to consult a lawyer to draft a formal Will once you are no longer on active duty.
Preparing a Will
To create a comprehensive and enforceable Will, it is recommended to consult a lawyer. The Law Society of Alberta offers a Lawyer Referral Service, which can be reached at 1-800-661-1095, to help connect you with a professional.
If There Is No Will
Dying without a Will in Alberta means your estate is considered "intestate." In such cases, the Wills and Succession Act governs how your property will be distributed. This process can lead to outcomes that may not align with your preferences, underscoring the importance of having a valid Will.
Storing Your Will
In Alberta, there is no central Will registry. The original Will is the only legally binding version and must be stored securely. Options for storage include:
- At Home:
Store your Will in a fireproof and waterproof safe. Ensure your executor and trusted individuals have access to the key or combination. - Safety Deposit Box:
A safety deposit box at your bank offers secure storage. Executors can retrieve the Will after your passing when accessing financial accounts as part of estate administration. - With a Lawyer:
Some law firms offer Will storage, but this may present challenges if the firm closes or the drafting lawyer is unavailable. Ensure someone knows where the Will is stored.
Authorizing the Executor of a Will (Grant of Probate)
When a person passes away, their bank accounts are typically frozen until an executor provides the necessary documentation, including:
- A death certificate,
- Identification for all named executors, and
- A grant of probate to confirm the Will’s validity and the executor’s authority.
By planning ahead and creating a valid Will, you protect your legacy and provide peace of mind for your loved ones.
How much do wills cost?
The following rates are a guideline only and are based on industry average in 2024.
The following rates are a guideline only and are based on industry average in 2024.
Does not include GST or disbursement fees |
Single |
Couple |
Simple Will – (similar wills for couples) |
$500 |
$1000 |
Personal Directive |
$250 |
$500 |
Enduring Power of Attorney |
$250 |
$500 |
Wills Package: Will, Personal Directive, & Enduring Power of Attorney |
$900 |
$1700 |
More Information:
- The Globe and Mail: How to create a legal will in Canada
- Government of Alberta: Wills in Alberta
- Making a Will
- Being a Personal Representative/Executor
- Wills Checklist
- Getting a Grant of Probate or Administration in Alberta
- Beneficiaries: When Someone Dies Without a Will in Alberta
- Law Society of Alberta – Finding Files and Wills in Alberta (an online request for information form)
Resources:
The Centre for Public Legal Education Alberta (CPLEA) provides clear, accessible information about the law to Albertans. Through resources like websites, publications, presentations, and Q&A services, CPLEA helps people make informed decisions in their daily lives. Their multidisciplinary team, including lawyers, librarians, teachers, and web specialists, collaborates to create educational tools and strategies that empower Albertans to understand and navigate legal issues.
The GRIEF Plan is a comprehensive, low-cost, all-in-one package that includes estate planning, a personal directive, will, and financial preparedness options for anyone. They base their thorough assessment on personal and tax information. They also provide tax services for the deceased including estate taxes and probate work which is the filing of paperwork with the courts to unfreeze an estate.
The Centre for Public Legal Education Alberta (CPLEA) provides clear, accessible information about the law to Albertans. Through resources like websites, publications, presentations, and Q&A services, CPLEA helps people make informed decisions in their daily lives. Their multidisciplinary team, including lawyers, librarians, teachers, and web specialists, collaborates to create educational tools and strategies that empower Albertans to understand and navigate legal issues.
The GRIEF Plan is a comprehensive, low-cost, all-in-one package that includes estate planning, a personal directive, will, and financial preparedness options for anyone. They base their thorough assessment on personal and tax information. They also provide tax services for the deceased including estate taxes and probate work which is the filing of paperwork with the courts to unfreeze an estate.
Association des juristes d’expression française de l’Alberta ( AJEFA)
Members Lawyers who offer Wills and Succession services in French
Members Lawyers who offer Wills and Succession services in French
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