Planning for the future is one of the most responsible things you can do for the people you love. Yet despite its importance, over 70% of Albertans don’t have an up-to-date will. Whether you’re a young professional, a new parent, or a retiree, knowing how to make a will in Alberta is essential knowledge that can save your family from significant stress, confusion, and legal complications after you’re gone. Willful
What Is a Will and Why Does It Matter?
A will — formally known as your last will and testament — is a legal document that outlines your wishes regarding the distribution of your assets after death. A properly prepared will allows you to direct where your property will go after your death, name a guardian for any children who are minors, and appoint a personal representative to carry out your wishes. Without one, the province steps in to decide what happens to everything you’ve worked for. Government of Alberta
Who Can Make a Will in Alberta?
Anyone who dies without writing a will is known as “intestate.” Special intestacy laws apply to such cases under the Wills and Succession Act, and the court will appoint an executor and a guardian for minor children, with assets distributed to family members in a specific order of succession — which may not reflect your wishes at all.
Making a will is optional and voluntary. In Alberta, any adult over the age of 18 who is mentally capable can make a will. You must also be of sound mind at the time of signing, meaning you understand the nature of the document you’re creating, the extent of your property, and who your beneficiaries are. Slsedmonton
Legal Requirements for a Valid Will
Before learning how to make a will in Alberta, it’s important to understand the basic legal requirements that must be met for your will to be enforceable. Alberta’s Wills and Succession Act outlines the key formalities: the will must be in writing; you must sign it at the end of the document; two witnesses must be present when you sign; and these witnesses should not be beneficiaries or spouses of beneficiaries. The will must also be made voluntarily, without any undue influence or coercion. Meikle Osgood
There must be a physical copy of the will — either handwritten or typed and printed out. No digital signatures are accepted. It’s a good idea to keep multiple copies in a secure location and to inform a trusted person of where it is stored. Clear Estate
Types of Wills in Alberta
Alberta recognizes several types of wills, each suited to different circumstances:
Formal (Witnessed) Will: This is the most common type. It is typed or printed, signed by you, and witnessed by two people who are not beneficiaries. This type offers the most legal protection and is least likely to be challenged.
Holographic Will: Holographic wills are handwritten wills that are not witnessed. These are valid in Alberta but must be entirely in the testator’s own handwriting and signed by the testator. They are more likely to face legal challenges than standard wills. They are generally used in emergencies when no witnesses are available. Spectrum Family Law
How to Make a Will in Alberta: Step-by-Step
Now that you understand the legal framework, here is a practical breakdown of how to make a will in Alberta:
Step 1 — Take Stock of Your Assets
Before drafting anything, list all of your assets — property, bank accounts, investments, vehicles, personal belongings, and digital assets. Note that assets owned jointly with others, and pensions or life insurance policies that have a specific beneficiary, will transfer directly to those parties and are generally not covered by your will. Mergen Law
Step 2 — Choose Your Key People
You will need to name three important roles in your will. First, choose an executor (also called a personal representative), who will carry out your wishes. Your personal representative should ideally be a resident of Alberta to avoid legal complications, as an executor from another province may need to post a bond or security with the court. Second, name your beneficiaries — the people or organizations who will inherit your assets. Third, if you have minor children, appoint a guardian to care for them. Spectrum Family Law
Step 3 — Draft the Will
You do not need a lawyer or notary to make a legal will in Alberta. You have several options: work with an estate lawyer for personalized and professionally drafted documents; use an online will platform for a guided, affordable experience; purchase a will kit from a registry or supply store for simple estates; or write a holographic will entirely in your own handwriting if absolutely necessary. Willful
Step 4 — Sign and Witness
Once drafted, you must sign the will in the presence of two witnesses, who must also sign the document. Remember, witnesses cannot be beneficiaries of the will.
Step 5 — Store It Safely
Informing others that you have written a will and where it is located can help ensure your intentions are followed. Wills are often stored in a safe location because if they are lost or destroyed, the rules used for people who die intestate will be applied instead. Slsedmonton
When to Update Your Will
A will is not a one-time task. You should plan on updating your will every five years or so, or whenever a major life change — like a birth, a wedding, or a divorce — happens. Laws change, families grow, and assets shift, so regular reviews are essential. Clear Estate
Final Thoughts
Understanding how to make a will in Alberta is the first step toward protecting your loved ones and ensuring your wishes are respected. The process does not need to be complicated or expensive — what matters most is that you start. Whether you choose to work with a lawyer or use an online platform, taking action today gives you and your family peace of mind for the future.
