-p-1080.jpeg)
Let’s start at the beginning — what exactly is a will?
Your last will and testament (often simply referred to as a will) is a legal document that communicates your wishes in the event of your death. This includes everything from how to distribute your assets to beneficiaries, such as property, money, and other personal items, to naming a guardian for any minor children. You can also outline any funeral and burial wishes and make charitable donations.
Your will is also where you’ll name an executor who will be responsible for wrapping up your estate. In Alberta, an executor may also be referred to as a personal representative.
Your will is a roadmap for your loved-ones and family - it helps guide them through your wishes after you’re no longer around.
Making a will is fairly straightforward, but there are a few requirements you need to meet for your will to be legal in Alberta.
The only exception to some of these rules are holographic wills.
Despite what many people believe, you do NOT need to visit a lawyer or notary to make a legal will in Alberta. There are many ways to make a legally binding will, which we’ll cover below.
In a recent study, 40% of Alberta residents stated that they don’t have a will due to procrastination. Fortunately, it’s actually easy to make a legal will in Alberta.
Despite what many people believe, you do not need to spend a lot of money and make a trip to a lawyer to make your will. There are several ways you can make a legally binding will, depending on your life situation. Here are some of the most common ways to make a will in Alberta:
Online wills, like Willful, are a great option for those who are looking for personalized documents, without the cost and hassle of visiting a lawyer. Online wills are considered formal wills in Albert and are well suited to most people, unless you have a complex estate.
Aside from wills, many online will platforms also provide options for creating power of attorney documents and personal directives. A personal directive is a legal document that appoints someone to make decisions related to your personal care, in the event you cannot communicate yourself due to injury or illness that hinders your mental capacity.
Alberta does not have living wills, which will typically include wishes for medical treatment or end-of-life. Instead, that information is included in the personal directive.
.png)
Create your lawyer-approved will from the comfort of home
Only 20 minutes from start to finish
Easy updates, anytime
In Alberta, will kits are what most people call the fill-in-the-blank templates. They are typically one-size-fits-all, and usually only a good fit for those with extremely simple estates and no additional wishes. You can often find these will kits at your local post office or office supply store. The good news is, they’re relatively low cost!
That being said, if you have a complex estate or want more customization, you may want to consider visiting a lawyer or using an online will platform.
Will kits often seem affordable, but since there are legal requirements for updating your will, you’ll likely need to purchase a new one every time you want to make a change. Since it's recommended that you review your will at least once every 6-12 months, the costs for making changes to your will can add up!
While there is no requirement to make a will with a lawyer in Alberta, there are some situations where you may benefit from legal advice. You may want to consider visiting a lawyer if you have custom or complex clauses you’d like to include in your will.
There are no two ways about it, a will drafted by a lawyer is likely to be the most comprehensive. However, it’s one of the most expensive options and most Canadians have simple estates that don’t require legal advice. Depending on the lawyer you choose and the amount of time required to create your document, the costs can vary.
Holographic wills are handwritten wills created without the use of any mechanical device (such as computers, typewriters, etc.) In Alberta, holographic wills must be in the testator's own writing, must be signed by the testator, and do not require witnesses.
While holographic wills are free and cost-effective, they're typically not a great option unless you have a legal background. We can often contradict ourselves or leave out important information when trying to draft a will ourselves! They are also not ideal if you need to make updates, because you'll need to rewrite your will each time you update it.
Yes, 100% - will kits and online wills are legal in Alberta, as long as you’ve met the requirements for a legal will! It’s important to know that what makes your will legal is not how you made it, but that you’ve met the signing and witnessing requirements for Alberta.
Every Willful document comes with fully detailed instructions, specific to Alberta to help you through the process - including a list of who can and cannot be a witness!
As new parents, we had been needing to write our wills and this tool allowed us to do just that, effortlessly, from the comfort of our own home.
