How to make a legal will in Alberta

The governing statute, who has to watch you sign, and what happens to your estate if you die without one.

Key takeaways

Governing statute: Wills and Succession Act, S.A. 2010, c. W-12.2
Minimum age to make a will: 18
Witnessing rule: 2 witnesses required, present at the same time as you sign.
Handwritten (holographic) wills: Alberta is one of the provinces that recognizes a "holograph will" (a document entirely in your own handwriting and signed by you, with no witnesses required) under the Wills and Succession Act, S.A. 2010, c. W-12.2. It's still riskier than a properly witnessed will (easier to challenge, easier to lose, no independent confirmation of your intent), so we recommend the standard signed-and-witnessed route whenever it's available to you.

What makes a will legal in Alberta

A will in Alberta is governed by the Wills and Succession Act, S.A. 2010, c. W-12.2. To be valid, the testator must be at least 18 years old, sign the document, and have that signature witnessed by 2 witnesses (each at least 18) who are present at the same time and are not beneficiaries under the will. A will does not need to be notarized. Signing and witnessing correctly is what makes a will legal, not who drafted it.

If you die without a will

If you die without a will in Alberta, the Wills and Succession Act, S.A. 2010, c. W-12.2 decides who inherits, not you. Your spouse or adult interdependent partner and children split your estate by a fixed formula (a spouse doesn't automatically get everything if you have children from another relationship), other relatives may be entitled to a share if you have no spouse or children, and an estate with no eligible relatives passes to His Majesty the King in right of Alberta. A will lets you choose your own beneficiaries instead.

Your options

In Alberta you generally have four routes to a will: an online generator like I'M DEAD (fast, free to preview, province-specific, you still print and sign in person); a lawyer (highest cost, best for complex estates); a paper will kit (cheap but generic, easy to get Alberta-specific rules wrong); or a fully handwritten holograph will (legal here, but riskier to rely on: see the holographic-validity note above). For a typical estate, an online will plus correct signing covers most people's needs.

Online will generator (like I'M DEAD): Fast, province-specific, free to preview. You still print and sign in person.
A lawyer: Highest cost, best for complex estates, trusts, or a contested family situation.
A paper will kit: Cheap but generic, and easy to get the rules where you live wrong.
A fully handwritten will: Risky without a general holographic-will exception. See the note below.

Power of attorney terminology

Financial decisions: Enduring Power of Attorney. The person you appoint is called your Attorney, under the Powers of Attorney Act, R.S.A. 2000, c. P-20.
Health & personal care: Personal Directive. The person you appoint is called your Agent, under the Personal Directives Act, R.S.A. 2000, c. P-6.