Wills
The Importance of Making a Will
A Will is a legal document that enables you to direct how your property will be distributed after your death. It also allows you to name executor(s) or personal representative(s) who will manage your estate and ensure your wishes are carried out. Additionally, you can use a Will to appoint a guardian for any minor children who may need care after your death. By having a Will in place, you can alleviate stress for your family and loved ones during a difficult time of grief, ensuring that your final wishes are respected and followed.
A Will is a legal document that enables you to direct how your property will be distributed after your death. It also allows you to name executor(s) or personal representative(s) who will manage your estate and ensure your wishes are carried out. Additionally, you can use a Will to appoint a guardian for any minor children who may need care after your death. By having a Will in place, you can alleviate stress for your family and loved ones during a difficult time of grief, ensuring that your final wishes are respected and followed.
Types of Wills
There are three types of Wills commonly used in Alberta:
Formal or Conventional Wills
Formal or conventional wills are prepared by a lawyer. When creating such a will, there are several key points to remember. First, you must sign your will, or if you are unable to sign it yourself, you must be present when someone signs it on your behalf. Additionally, you must be mentally competent and over the age of 18.
The placement of your signature is crucial. It is essential to sign your will at the end of the document to ensure that your signature applies to the entire will if it is contested. Signing anywhere other than at the end may invalidate any content written after your signature. Formal wills also require two witnesses who must sign the will in your presence. These witnesses cannot be beneficiaries of the will and must be individuals other than your legal spouse.
Holograph Wills
Holograph wills are informal wills that are handwritten and signed by the person making the will. Unlike formal wills prepared by a lawyer, holograph wills do not require witnesses. While holograph wills are recognized in Alberta, they are not recognized in some other provinces, so it's crucial to consult with your will lawyer before relying on this type of will.
In Alberta, holograph wills can be valid legal documents if they clearly express the intention to distribute assets after death. Many lawyers do not recommend using holograph wills. They are often incomplete and challenging to enforce if they are contested. Without the guidance of an experienced will lawyer, individuals may not fully consider their estates or effectively communicate their intentions. Ultimately, having this type of last will and testament can be as problematic as having no will at all.
Soldiers' Wills
If you are in the Canadian Armed Forces and on active duty or a mariner, you can write your own valid will and sign it, or have someone sign it for you in your presence. These wills do not need to be witnessed and remain valid even after you are no longer in service. If you are not on active duty, it is recommended to consult a lawyer to have a formal will drawn up.
Formal or Conventional Wills
Formal or conventional wills are prepared by a lawyer. When creating such a will, there are several key points to remember. First, you must sign your will, or if you are unable to sign it yourself, you must be present when someone signs it on your behalf. Additionally, you must be mentally competent and over the age of 18.
The placement of your signature is crucial. It is essential to sign your will at the end of the document to ensure that your signature applies to the entire will if it is contested. Signing anywhere other than at the end may invalidate any content written after your signature. Formal wills also require two witnesses who must sign the will in your presence. These witnesses cannot be beneficiaries of the will and must be individuals other than your legal spouse.
Holograph Wills
Holograph wills are informal wills that are handwritten and signed by the person making the will. Unlike formal wills prepared by a lawyer, holograph wills do not require witnesses. While holograph wills are recognized in Alberta, they are not recognized in some other provinces, so it's crucial to consult with your will lawyer before relying on this type of will.
In Alberta, holograph wills can be valid legal documents if they clearly express the intention to distribute assets after death. Many lawyers do not recommend using holograph wills. They are often incomplete and challenging to enforce if they are contested. Without the guidance of an experienced will lawyer, individuals may not fully consider their estates or effectively communicate their intentions. Ultimately, having this type of last will and testament can be as problematic as having no will at all.
Soldiers' Wills
If you are in the Canadian Armed Forces and on active duty or a mariner, you can write your own valid will and sign it, or have someone sign it for you in your presence. These wills do not need to be witnessed and remain valid even after you are no longer in service. If you are not on active duty, it is recommended to consult a lawyer to have a formal will drawn up.
Preparing a will
It is recommended that anyone interested in making a will consult a lawyer, who can help prepare your will. If you do not have a lawyer, you can contact the Law Society of Alberta’s Lawyer Referral service program at 1-800-661-1095.
If there is no Will
In Alberta, if you die without a will (or there is estate property which is not disposed of in the will), your estate will fall into what is called intestacy, and you will be referred to as the intestate. The Wills and Succession Act decides out how a person's estate will be distributed if they die intestate.
Storing Your Will
- There is no will registry in Alberta.
- The original Will is your only Will and must be kept safely. (The original versions of legal documents, such as Wills and Enduring Power of Attorney are the only legally binding versions. Scans, photocopies and computer records are not legally valid because they don't have your original signature on them.)
Places to Store a Will |
Considerations |
At home |
Many people keep a physical copy of their Will in their own home or office in a filing cabinet. This is a no-cost option, and your original will is easily accessible in case you wish to change it in a rush. However, your will can be damaged or destroyed in a fire or flood, or accidentally or intentionally destroyed by someone other than you. If you choose this route, it's best to keep your documents in a waterproof and fireproof safe. You'll need to make sure your executor and a couple other people you trust have access to the cabinet key or the combination of the safe. |
A safety deposit box at their bank |
Most financial institutions have safety deposit boxes where you can keep your will. The benefit is that the original may only be retrieved by the Executor upon your death, protecting the original from alteration, destruction or removal. Safety deposit boxes have the added benefit of being housed in a more secure setting than your home and provide greater protection against destruction of the will in the event of a disaster. Keeping your will in a safety deposit box at your financial institution is preferable because your financial accounts are invariably examined upon your death in order to determine the extent of the Estate. During such preliminary investigations your will can be retrieved by your named Executor(s) in the will. |
With a trusted third party, such as a lawyer |
Your lawyer may be able to store your will at their office. However, not all lawyers have the facilities to keep original wills. While storing your will at a law firm provides a degree of security, it may provide administrative problems for you and the law firm because:
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Authorizing the Executor of a Will (Grant of Probate)
Once the bank is aware that an account holder has died, it will freeze the deceased’s account. However, banks generally will allow payments, such as probate or income tax, to government agencies and for funeral expenses to funeral homes. They may also allow for the payment of other immediate expenses, such as lawyer’s fees or utility bills.
At the start of the estate administration process, banks will ask the executor for a death certificate for the deceased. Banks, understandably, don’t want to expose themselves to liability by releasing assets to someone who is not entitled to receive them. They are also bound by privacy legislation not to disclose information about client accounts to an unauthorized person.
The bank will also ask for a copy of the will and identification for all the executors (if there are more than one).
Banks generally require a certificate or grant of probate from the executor to prove the will is valid and that the executor is the authorized personal representative for the estate administration.
You may wish to contact a lawyer to provide assistance with determining if a grant is required.
Forms to apply for a grant of probate can be found online or you may wish to have a lawyer assist you.
At the start of the estate administration process, banks will ask the executor for a death certificate for the deceased. Banks, understandably, don’t want to expose themselves to liability by releasing assets to someone who is not entitled to receive them. They are also bound by privacy legislation not to disclose information about client accounts to an unauthorized person.
The bank will also ask for a copy of the will and identification for all the executors (if there are more than one).
Banks generally require a certificate or grant of probate from the executor to prove the will is valid and that the executor is the authorized personal representative for the estate administration.
You may wish to contact a lawyer to provide assistance with determining if a grant is required.
Forms to apply for a grant of probate can be found online or you may wish to have a lawyer assist you.
How much do wills cost?
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)
Association des juristes d’expression française de l’Alberta ( AJEFA)
Members Lawyers who offer Wills and Succession services in French
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