If you’re an adult living in Alberta, the answer is simple: yes, you need a will. Yet despite its importance, many Canadians put off creating this essential document. According to recent surveys, nearly half of Canadian adults don’t have a will in place. Whether you’re just starting your career, raising a family, or approaching retirement, estate planning isn’t something to postpone until “someday.”
What Happens If You Die Without a Will in Alberta?
When someone dies without a valid will in Alberta, they die “intestate.” This means the province’s laws—not your wishes—determine what happens to your assets and who cares for your minor children.
Under Alberta’s Wills and Succession Act, your estate would be distributed according to a predetermined formula:
- If you’re married or in an adult interdependent relationship with children, your partner receives the first $150,000 of your estate, and the remainder is split between your partner and children
- If you have children but no partner, your children inherit everything equally
- If you have a partner but no children, your partner inherits your entire estate
- If you have neither, your estate goes to parents, siblings, or more distant relatives
While this might seem straightforward, intestacy can create complications, delays, and family disputes that a simple will could have prevented.
Beyond Asset Distribution: Why Wills Matter
A will does much more than dictate who gets your belongings. Here’s what a comprehensive will accomplishes:
Guardianship for Minor Children
Perhaps most importantly for parents, a will lets you name guardians for your minor children. Without this designation, the courts will decide who raises your kids—a decision that may not align with your wishes.
Appointing Your Executor
Your executor manages your estate, pays debts, files taxes, and distributes assets. Choosing someone you trust for this role ensures your affairs are handled properly and can significantly reduce stress for your loved ones.
Minimizing Family Conflict
Clear instructions in a will can prevent misunderstandings and disputes among family members during an already difficult time. Ambiguity often leads to conflict; specificity brings peace of mind.
Efficient Estate Administration
A properly drafted will can speed up the probate process and reduce associated costs, getting assets to your beneficiaries faster and preserving more of your estate’s value.
Common Estate Planning Myths
“I’m too young to need a will.”
If you’re 18 or older, own any assets, or have dependents, you need a will. Unexpected events happen at any age, and being prepared is responsible, not morbid.
“I don’t have enough assets to worry about.”
Even modest estates benefit from clear direction. Consider your vehicle, savings accounts, personal belongings with sentimental value, and any life insurance policies—these all need to go somewhere.
“My family knows what I want.”
Verbal wishes aren’t legally binding. Without documentation, even the closest families can disagree about your intentions.
Key Components of an Effective Will
A well-drafted Alberta will should include:
- Personal information and a revocation of previous wills
- Appointment of executor (and an alternate)
- Guardian designations for minor children
- Specific bequests for particular items or amounts
- Residual estate distribution for everything not specifically mentioned
- Powers and authorities for your executor
- Proper execution with witnesses as required by Alberta law
Beyond the Will: Comprehensive Estate Planning
While a will is foundational, complete estate planning often includes:
Enduring Power of Attorney
This document appoints someone to manage your financial affairs if you become incapacitated. Without it, your family may need to apply to court for guardianship—a costly and time-consuming process.
Personal Directive
Also called a living will, this names someone to make healthcare decisions on your behalf if you cannot. It can also outline your wishes regarding medical treatment.
Beneficiary Designations
Some assets, like RRSPs, TFSAs, and life insurance, pass directly to named beneficiaries outside of your will. Keeping these designations current is crucial.
Trust Arrangements
Depending on your situation, trusts can provide tax benefits, protect assets, and control how and when beneficiaries receive inheritances—particularly useful for minor children or beneficiaries who might need financial guidance.
When to Update Your Will
Life changes, and your will should change with it. Review and potentially update your will when you:
- Get married or enter an adult interdependent relationship (marriage automatically revokes previous wills in Alberta)
- Have children or grandchildren
- Experience divorce or separation
- See significant changes in your financial situation
- Lose a beneficiary or executor
- Move to a different province
- Experience changes in family relationships
A good rule of thumb is to review your will every three to five years, even if nothing major has changed.
DIY Wills vs. Professional Legal Assistance
While DIY will kits and online services exist, they come with risks. Alberta has specific legal requirements for valid wills, and a minor error can invalidate the entire document or create ambiguities that lead to costly legal battles.
A qualified lawyer can:
- Ensure your will meets all legal requirements
- Help you consider scenarios you might not have thought about
- Provide tax planning strategies to maximize what your beneficiaries receive
- Coordinate your will with other estate planning documents
- Offer guidance on complex family situations, such as blended families or business ownership
For many Albertans, the peace of mind that comes from professional legal assistance is well worth the investment.
Taking the First Step
Estate planning might feel overwhelming, but it doesn’t have to be. Start by:
- Making a list of your assets and who you’d like to receive them
- Thinking about guardians if you have minor children
- Choosing an executor you trust
- Gathering financial documents like insurance policies, investment statements, and property deeds
- Consulting with a family law and estates lawyer who can guide you through the process
Protecting What Matters Most
Creating a will isn’t about dwelling on mortality—it’s about taking control and protecting the people you love. It’s about ensuring your hard-earned assets go where you want them to go, that your children are cared for by people you trust, and that your family isn’t left with uncertainty during a difficult time.
Every Alberta adult deserves the peace of mind that comes with proper estate planning. Whether you’re 25 or 75, have modest savings or substantial wealth, the time to create your will is now.
Need help with your will or estate planning? The experienced lawyers at Kurie Moore Law Group can guide you through the estate planning process with professional, cost-effective legal advice. Located just one block from the Sherwood Park Provincial Court, we’re here to help you protect what matters most.
Contact us today:
Phone: 1-780-809-3545
Email: reception@kurielaw.ca
This blog post is for informational purposes only and does not constitute legal advice. For advice specific to your situation, please consult with a qualified lawyer.
