Planning for Tomorrow, Today
April 16, 2025 | Advance Planning, Paralegal
Understanding Wills in Alberta
Life in Alberta is vibrant and full of possibilities, from the bustling energy of Calgary and Edmonton to the serene landscapes of the Rockies and the prairies. As you navigate your life here, building a home, raising a family, or growing a business, it’s also crucial to think about the future and ensure your wishes are respected. One of the most important steps you can take in this regard is creating a valid Will.
A Will is a legal document that outlines how your assets – your property, money, and possessions – will be distributed after your passing. It also allows you to name guardians for your minor children and specify your funeral arrangements. While thinking about mortality can be uncomfortable, having a Will in place provides peace of mind for you and security for your loved ones.
Why is Having a Will Important in Alberta?
Without a valid Will, you are considered to have died “intestate.” In this situation, the distribution of your estate will be determined by the laws of Alberta, specifically the Wills and Succession Act. This means that your assets may not be distributed according to your wishes, and the process of settling your estate can become more complex, time-consuming, and potentially expensive for your family.
Here are some key benefits of having a Will in Alberta:
- Control over your assets: You decide who inherits your property and in what proportions. This allows you to provide for specific individuals, charities, or organizations that are important to you. For example, you might want to leave a specific piece of artwork to a family member who appreciates it or donate a portion of your estate to a local charity in Medicine Hat.
- Appointment of an Executor: Your Will allows you to name an Executor, the person you trust to manage your estate, pay debts and taxes, and distribute your assets according to your instructions. Choosing someone competent and reliable can significantly ease the burden on your family during a difficult time.
- Guardianship of Minor Children: If you have children under the age of 18, your Will is the primary way to nominate who you would like to be their legal guardian. This ensures that your children are cared for by someone you trust and who shares your values. Without a Will, the court will make this decision, which may not align with your wishes.
- Avoiding Intestacy Rules: As mentioned earlier, dying without a Will means your estate will be distributed according to Alberta’s intestacy laws. These laws have a specific order of priority for inheritance, which might not reflect your personal circumstances or wishes. For instance, common-law partners may not automatically inherit unless they meet specific criteria under the Act.
- Potentially Reducing Taxes and Costs: With careful planning in your Will, you may be able to minimize potential estate taxes and other administrative costs associated with settling your estate.
- Streamlining the Probate Process: While probate (the legal process of validating a Will) may still be required, having a clear and valid Will can often make the process smoother and faster for your Executor.
What Makes a Will Valid in Alberta?
To be legally valid in Alberta, a Will generally must meet the following requirements:
- In Writing: The Will must be in written form, whether handwritten or typed.
- Signed by the Will-Maker: The person making the Will (the testator) must sign it, or another person can sign on their behalf in their presence and under their direction.
- Witnessed by Two Adult Witnesses: The testator’s signature must be witnessed by at least two adult individuals who are present at the same time when the testator signs (or acknowledges their signature). These witnesses cannot be beneficiaries in the Will or the spouses of beneficiaries. They must also sign the Will in the presence of the testator.
There are some exceptions to these rules, such as holographic wills (wills written entirely in the testator’s handwriting and signed by them, without witnesses) and nuncupative wills (oral wills made by a member of the armed forces or a mariner in specific circumstances). However, these are less common and have specific requirements.
Key Considerations When Creating Your Will in Alberta:
- Your Personal Circumstances: Your Will should reflect your current situation, including your marital status, family relationships, and assets. Significant life events like marriage, divorce, the birth or adoption of children, or the acquisition of major assets should prompt you to review and update your Will.
- Your Beneficiaries: Clearly identify who you want to inherit your assets. Include their full legal names and their relationship to you.
- Your Executor: Choose someone you trust to handle your estate responsibly and efficiently. Consider naming an alternate executor in case your first choice is unable or unwilling to act.
- Guardians for Minor Children: If you have young children, carefully consider who would be the best person to raise them according to your values and wishes. You may also want to consider making financial provisions for their care in your Will.
- Specific Gifts: If you wish to leave particular items or sums of money to specific individuals, clearly outline these bequests in your Will. For example, you might want to leave your antique watch to a specific grandchild or donate a certain amount to your favourite animal shelter in Alberta.
- Residue of Your Estate: Your Will should specify how the remainder of your assets (after specific gifts and payment of debts and taxes) will be distributed.
- Funeral Arrangements: While not legally binding, you can express your wishes regarding your funeral or cremation in your Will.
- Digital Assets: Consider including instructions regarding your digital assets, such as online accounts, social media profiles, and digital files.
When Should You Update Your Will?
It’s crucial to review and update your Will regularly, especially when significant life events occur. Some common triggers for updating your Will include:
- Marriage or Divorce
- Birth or Adoption of Children or Grandchildren
- Death of a Beneficiary or Executor
- Significant Changes in Your Assets
- Changes in Your Wishes
- Moving to a Different Province of Country (as laws may vary)
Seeking Legal Advice:
While it’s possible to create a Will on your own using Will kits or online templates, it’s highly recommended to consult with an Alberta paralegal or lawyer specializing in estate planning. A lawyer can provide personalized advice based on your specific circumstances, ensure your Will is legally sound and reflects your intentions accurately, and help you navigate complex issues such as potential tax implications or blended family situations. Investing in professional legal advice can save your loved ones significant time, stress, and potential legal challenges in the future.
Planning for your future is an act of love and responsibility. Creating a valid Will in Alberta is a vital step in ensuring your wishes are respected and your loved ones are protected. Don’t wait until it’s too late – take the time to plan for tomorrow, today.
The contents of this page are provided as general information only. It is not legal advice. If you have a legal problem, you should consult a lawyer.
