This blog is intended to provide general information and is not a substitute for legal advice. Please consult our qualified attorney for guidance specific to your case.
Planning for the future is essential, and one of the most critical steps is creating a legally binding will. In Alberta, a will ensures your assets are distributed according to your wishes and simplifies the estate administration process for your loved ones.
Why Is Having a Will Essential?
Control Over Asset Distribution: Without a valid will, Alberta's Wills and Succession Act dictates how your estate is distributed, which may not align with your intentions. By having a will, you specify beneficiaries and the distribution of your assets (Open Alberta)
Appointing a Guardian for Minor Children: For parents with minor children, a will allows you to appoint a guardian. Without this, the courts will decide, which may not reflect your preferences.
Minimizing Family Disputes: A clear will reduces the likelihood of disputes among family members over asset distribution, fostering harmony during a challenging time.
Efficient Estate Administration: A well-prepared will streamlines the probate process, making it easier for your executor to manage and distribute your estate.
Legal Requirements for a Valid Will in Alberta
To ensure your will is valid in Alberta, it must:
Will is in Writing: The will must be a written document (CanLII).
Will is Signed by the Testator: You must sign the will in the presence of two witnesses.
Will is Witnessed: Two competent individuals must witness your signature and sign the document themselves.
While holographic wills (handwritten and unwitnessed) are recognized in Alberta, they can lead to complications and are generally not recommended.
Consequences of Dying Without a Will
If you pass away without a will (intestate), your estate is distributed according to the Wills and Succession Act. This may result in unintended beneficiaries and a more complex estate administration process
Taking the Next Step
Given the complexities and legal requirements, it's advisable to consult with an expereinced lawyer specializing in wills and estates to ensure your will accurately reflects your wishes and complies with provincial laws.
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