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Alberta-Specific

Will Preparation Under Alberta Law

In Alberta, wills and estate documents are governed by the Wills and Succession Act (SA 2010, c W-12.2) — legislation that consolidated several older statutes including the Wills Act and the Intestate Succession Act. Every document prepared through Wills Made Easy is drafted in full accordance with this Act by a licensed Alberta legal professional.

Alberta uses terminology that differs from most other provinces. What Ontario and BC call a “Healthcare Directive” is called a Personal Directive here, governed by Alberta's Personal Directives Act. Your Personal Directive names a trusted person — called your Agent — to make personal and medical decisions on your behalf if you lose the capacity to do so yourself. Without one, your family may need to apply to court under the Adult Guardianship and Trusteeship Act — a lengthy and costly process that can take months.

Your Enduring Power of Attorney is governed by Alberta's Powers of Attorney Act. Unlike a standard Power of Attorney — which becomes void if you lose mental capacity — an Enduring POA remains valid through incapacity. It must be signed in the presence of a witness who is at least 18 years old and cannot be your named attorney or a beneficiary under your will. Every Wills Made Easy appointment satisfies these execution requirements in full.

Under the Wills and Succession Act, if you die without a valid will in Alberta, your estate is distributed according to a fixed statutory formula — not necessarily your wishes. If you have a spouse and children from a previous relationship, intestacy rules can produce outcomes that surprise families. A professionally prepared will eliminates this uncertainty entirely.

Alberta also recognizes Adult Interdependent Partners — a relationship category unique to the province that can affect inheritance rights even without marriage. If you are in a long-term committed relationship that does not qualify as common-law under federal definitions, your partner may still have rights under Alberta's legislation. Our legal professionals account for these nuances during your appointment.