Simple Wills in Alberta: Legal Requirements, Costs and Common Mistakes to Avoid

Creating a will is one of the most important steps you can take to protect your family and ensure your wishes are followed after your passing. Even if your estate is relatively straightforward, having a properly drafted will can save your loved ones significant time, expense and stress during the probate process.

Many Albertans believe they don't need a will because their assets are simple or because everything will automatically pass to family members. Unfortunately, that's not always the case. Without a valid will, provincial laws determine how your estate is distributed, which may not reflect your intentions.

At Edmonton Notary Public, we help individuals and families prepare legally valid wills that comply with Alberta law while making the process clear, efficient and straightforward.

Most wills prepared in Alberta are formal typed wills.

To be legally valid, a will generally must:

• Be signed by the person making the will (the testator).
• Be signed using ink.
• Be witnessed by two eligible adult witnesses.
• Be signed by both witnesses in the presence of the testator and each other.

The witnesses must not be beneficiaries under the will or the spouse or adult interdependent partner of a beneficiary. If they are, the gift intended for that beneficiary may become invalid.

A properly drafted will should also:

• Revoke any previous wills and codicils.
• Appoint an executor.
• Name alternate executors whenever possible.
• Clearly identify beneficiaries.
• Include a residuary clause covering assets not specifically mentioned.
• Address guardianship for minor children where applicable.

Although Alberta law does not require wills to be notarized, proper execution is essential to reduce delays during probate.

Yes, Alberta recognizes holograph wills , which are wills written entirely in the handwriting of the person making them.

Unlike formal wills, a holograph will does not require witnesses, provided that:

• The entire document is handwritten.
• It is signed by the testator.

While legally valid in many situations, handwritten wills often create unnecessary complications. Important provisions may be omitted, wording can be unclear and family members may later disagree about the meaning of certain instructions.

If you prepare a handwritten will during an emergency, it's advisable to replace it with a professionally drafted will as soon as possible.

Online templates and DIY will kits may seem like an inexpensive option, but they are best suited to very simple estates.

Professional drafting is often recommended if you:

• Own a business.
• Own rental or investment property.
• Have assets outside Alberta or Canada.
• Have children from multiple relationships.
• Wish to establish a trust.
• Have a beneficiary with a disability.
• Want to include Islamic estate planning provisions.
• Anticipate family disagreements.

A professionally prepared will helps ensure your wishes are clearly expressed, your documents comply with Alberta law and potential legal issues are addressed before they become expensive probate disputes.

The cost of preparing a simple will varies depending on the complexity of your estate and the services included.

Pricing may differ based on factors such as:

• Individual or mirror wills for couples.
• Estate planning advice.
• Mobile appointments.
• Evening or weekend appointments.
• Urgent document preparation.
• Additional planning documents.

Many clients choose to prepare their will together with an Enduring Power of Attorney and a Personal Directive, which can often be more cost-effective than arranging separate appointments.

You can also learn more about complete estate planning services on our Wills and Estates page.

Many probate issues begin with simple drafting or signing errors that could have been avoided.

Some of the most common mistakes include:

Using an Ineligible Witness

A beneficiary or the spouse of a beneficiary should never act as a witness, as doing so may invalidate that person's inheritance.

Forgetting the Residuary Clause

A will should explain what happens to any assets that are not specifically listed. Without a residuary clause, additional court proceedings may become necessary.

Not Naming Alternate Executors

If your chosen executor is unable or unwilling to act, having an alternate executor avoids unnecessary delays.

Conflicting Beneficiary Designations

Registered accounts, pensions and life insurance policies often pass outside the will. Make sure those beneficiary designations are consistent with your overall estate plan.

Unclear Guardianship Instructions

Parents of minor children should clearly identify their preferred guardian and consider whether a trust should be created for inherited assets.

Making Handwritten Changes

Writing notes or crossing out sections after your will has been signed can create uncertainty about its validity. Significant changes should generally be made through a properly executed codicil or a new will.

Storing the Will Improperly

A well-drafted will is of little use if nobody can locate the original document. Ensure your executor knows where it is stored.

How Edmonton Notary Public Can Help

At Edmonton Notary Public, we assist clients with every stage of the estate planning process.

Our services include:

• Drafting simple wills.
• Reviewing existing wills.
• Islamic wills and faith-based estate planning.
• Independent witness arrangements.
• Proper execution of documents.
• Mobile appointments throughout Edmonton.
• Preparation of related estate planning documents.

We also prepare Enduring Powers of Attorney and Personal Directives to ensure your healthcare, financial and legal affairs are properly coordinated.

If you require assistance with document execution or witnessing, our Notary Lawyer Office can assist with compliant signing procedures and identity verification.

Your will should be reviewed whenever significant life changes occur.

Common reasons to update your will include:

• Marriage.
• Separation or divorce.
• Birth or adoption of a child.
• Death of a beneficiary or executor.
• Purchasing or selling property.
• Starting or selling a business.
• Receiving a substantial inheritance.
• Moving to another province.

Even if nothing major has changed, reviewing your will every few years helps ensure it still reflects your wishes and current circumstances.

Before your appointment, make sure you have:

• Your original government-issued photo ID.
• A final version of your will.
• Two eligible adult witnesses, if required.
• Your executor's contact information.
• A secure location to store the original signed document.

After signing, inform your executor where the original will is kept.

How much does a simple will cost in Alberta?

Fees vary depending on the complexity of your estate and the services required. Many providers offer fixed-fee pricing for straightforward wills.

Can I write my own will in Alberta?

Yes. Alberta recognizes both formal typed wills and handwritten holograph wills. However, professionally drafted wills are generally less likely to encounter problems during probate.

Are handwritten wills valid?

Yes. A holograph will is valid if it is entirely handwritten and signed by the person making it.

Do I need a lawyer to make a will?

No. Alberta law does not require a lawyer, but professional drafting helps ensure your will is legally sound and clearly reflects your wishes.

What is the most common mistake people make when creating a will?

One of the most common issues is using vague language or failing to address all assets. Clear drafting and careful planning can prevent disputes and probate delays.

Preparing a will is one of the simplest ways to protect your loved ones and ensure your estate is administered according to your wishes.

Whether you're creating your first will or updating an existing one, Edmonton Notary Public can help you prepare a legally compliant document tailored to Alberta law.

If you're planning your estate, consider completing your Enduring Power of Attorney and reviewing your Personal Directive and Will during the same appointment for a more comprehensive estate plan.