Wills, Estates & Probate in Alberta

Estate planning in Alberta is less about avoiding tax than people assume and more about control. Probate fees here are capped at a few hundred dollars regardless of the size of the estate, so the reasons to plan are the ones that actually cause trouble: a blended family, a business, a child who cannot manage money, a partner who is not on title, or the simple absence of anyone with authority to act when it is needed.

What a valid will requires

Under the Wills and Succession Act, a will must be in writing, signed by the person making it and witnessed by two adults who are present together and who sign as well. A gift to a witness or to a witness’s spouse is at risk, which is why beneficiaries should never witness. Alberta also recognizes a holograph will, one written entirely in the testator’s own handwriting and signed, with no witnesses at all, though these produce a disproportionate share of litigation. Where a document fails the formal requirements but clearly records what the person intended, the Court has power to validate it.

Two rules about marriage and separation are widely misunderstood. Marriage no longer revokes an existing will in Alberta. Divorce, or the end of an adult interdependent relationship, does have an effect: unless the will says otherwise, the former spouse or partner is treated as having died first, so gifts to them and any appointment of them as executor fall away.

What happens without a will

Where there is no will, the estate passes under the intestacy rules. A surviving spouse or adult interdependent partner takes everything if all the deceased’s children are also theirs. Where the deceased had a child from another relationship, the spouse or partner takes the greater of a prescribed preferential share, currently $150,000, or half the estate, and the children share the rest. Where there is both a separated spouse and a new partner, they may divide the spouse’s share between them, which is precisely the situation a will exists to prevent.

The two documents that matter while you are alive

An enduring power of attorney appoints someone to manage your property and finances if you lose capacity, and can be drafted to take effect immediately or only on incapacity. A personal directive appoints someone to make personal and health care decisions, and can record your wishes on treatment. Without them, a family facing incapacity applies to the Court for trusteeship and guardianship, which is slower, public and considerably more expensive than signing two documents.

How an estate is administered

The personal representative named in the will, or the administrator appointed where there is none, applies to the Court of King’s Bench for a grant of probate or administration, which confirms their authority to deal with the estate. The application fee is on a sliding scale capped at $525. Notice goes to the beneficiaries and to the family members who could claim against the estate.

From there the representative gathers the assets, pays the debts and taxes, and accounts to the beneficiaries, and two timing rules govern when the estate can be paid out. Family maintenance and support claims can be brought for six months after the grant, so distributing before that window closes carries personal risk for the representative, and a clearance certificate from the Canada Revenue Agency should be obtained before the final distribution, since a representative who distributes without one can be personally liable for unpaid tax, and a straightforward estate takes about a year from start to finish.

Business owners and blended families

A business interest needs planning that a standard will does not give it. The shareholder agreement should say what happens to the shares on death, whether the estate must sell and the surviving shareholders must buy, how the price is set and how it is funded. The will should appoint someone able to run or wind down the business, and it should be written alongside the corporate documents rather than in isolation.

Blended families are the other case where a template fails. Providing for a current partner while protecting children of an earlier relationship usually needs a trust, a life interest or a careful division of specific assets, and the intestacy rules above show what happens when it is left to chance.

Where the firm can act

Wills, powers of attorney, personal directives, estate planning and estate administration are available to anyone in Alberta, since none of them requires a court appearance. Contested estate matters are taken where the file proceeds through the Calgary Courts Centre. The practice is virtual, so meetings happen by video, telephone and email, with in-person meetings available on request in Cochrane or in Calgary.

If you need a will or estate plan, or have been named as executor and are not sure what to do first, call (587) 328-3328.

Book a Confidential Consultation

Frequently Asked Questions

Does my will need to be witnessed?

Yes, by two adults present together, neither of whom is a beneficiary or married to one. A holograph will, written entirely in your own hand and signed, is valid without witnesses but is far more likely to be challenged.

Does getting married cancel my will?

No. Marriage does not revoke a will in Alberta. Divorce, or the end of an adult interdependent relationship, treats the former spouse or partner as having died first for the purposes of the will, unless the will says otherwise.

What are probate fees in Alberta?

Modest. The application fee is on a sliding scale capped at $525, whatever the size of the estate, which is why probate avoidance is rarely worth the risk it creates.

How long does an estate take?

About a year for a straightforward estate. Support claims can be brought for six months after the grant, and a tax clearance certificate should be obtained before the final distribution.

Wills, Estate Planning and Estate Administration in Alberta