How many witnesses does an Alberta will need?

A formal will needs two witnesses who are not beneficiaries or their spouses. Holograph wills written entirely by hand need no witnesses in Alberta.

Are probate fees high in Alberta?

Alberta's probate fees are relatively low and capped based on the estate's value, often less than the percentage-based estate taxes charged in some other provinces.

What is an adult interdependent partner in Alberta?

It is Alberta's legal recognition of a close, committed relationship outside marriage — including some unmarried partners — which can affect inheritance rights and estate claims.

Can an Alberta court accept an improperly signed will?

Possibly. Alberta courts can validate a document that reflects the deceased's testamentary intentions despite formal defects, but this requires a court application and is not assured.

Making a Will in Alberta: What You Need to Know

Alberta's wills and estate rules are set out primarily in the Wills and Succession Act. They cover who can make a will, how it must be signed, and the rights of family members. Here is what to know before making a will in Alberta. This is general information, not legal advice — consult a lawyer in your jurisdiction.

What makes a will valid in Alberta?

In Alberta you must be at least 18 (with limited exceptions for minors who are married or in the military) and have capacity. A formal will must be in writing, signed by you, and witnessed by two people who sign in your presence.

Witnesses should not be beneficiaries or their spouses. Alberta also recognizes holograph wills written entirely in your own handwriting and signed, without witnesses.

Can an Alberta court fix a defective will?

The Wills and Succession Act gives Alberta courts the power to validate a document that does not strictly meet the signing formalities, if the court is satisfied it sets out the deceased's testamentary intentions.

As elsewhere, this is a backstop that involves a court application. It is far better to execute the will correctly the first time.

How does probate work in Alberta?

Probate in Alberta is handled through the Court of King's Bench. A grant of probate confirms the executor's authority and is commonly required to deal with real estate and significant accounts.

Alberta's probate fees are relatively modest and based on the value of the estate, with a capped fee structure that tends to be lower than the value-based taxes in some other provinces.

What family claims apply in Alberta?

Alberta law allows certain family members — including a spouse, adult interdependent partner, and children — to apply for support (family maintenance) from the estate if they are not adequately provided for.

Alberta formally recognizes 'adult interdependent partners,' which can include unmarried partners who meet specific criteria. This affects both intestacy and potential claims.

Can you make an Alberta will online?

Yes. A will made with a reputable online service is valid in Alberta when printed, signed, and witnessed according to the provincial rules.

iFinallyWill creates Alberta-specific wills and powers of attorney in about 20 minutes, with lifetime updates and a 60-day guarantee. Seek legal advice for blended families or complex estates.

Frequently asked questions

How many witnesses does an Alberta will need?: A formal will needs two witnesses who are not beneficiaries or their spouses. Holograph wills written entirely by hand need no witnesses in Alberta.
Are probate fees high in Alberta?: Alberta's probate fees are relatively low and capped based on the estate's value, often less than the percentage-based estate taxes charged in some other provinces.
What is an adult interdependent partner in Alberta?: It is Alberta's legal recognition of a close, committed relationship outside marriage — including some unmarried partners — which can affect inheritance rights and estate claims.
Can an Alberta court accept an improperly signed will?: Possibly. Alberta courts can validate a document that reflects the deceased's testamentary intentions despite formal defects, but this requires a court application and is not assured.