If you live in Alberta and you're thinking about your will, there's one piece of legislation you should understand: the Wills and Succession Act (RSA 2010, c W-12.2). It governs how wills are made, what happens when there is no will, and how Alberta law treats spouses, adult interdependent partners, and children when an estate is distributed.

You don't need to read the legislation. You need to understand what it means for your family.

Key Documents in Alberta Estate Planning

Alberta uses specific terminology for estate planning documents:

  • Legal Will — governs distribution of your estate after death
  • Enduring Power of Attorney — authorizes someone to manage your finances if you become incapacitated (governed by the Powers of Attorney Act)
  • Personal Directive — authorizes someone to make personal and healthcare decisions if you lose capacity (governed by the Personal Directives Act)

In Alberta, the healthcare document is called a Personal Directive — not a healthcare directive, living will, or advance directive, though those terms are sometimes used informally. Your Wills Made Easy appointment covers all three documents.

What the Wills and Succession Act Says About Dying Without a Will

If you die intestate (without a will) in Alberta, Part 3 of the Act distributes your estate according to a formula:

If you have a spouse or Adult Interdependent Partner (AIP) but no children:

Your entire estate goes to your spouse or AIP.

If you have a spouse or AIP and children — all from that relationship:

Your spouse or AIP receives a "preferential share" of $350,000, plus half of the residue. Your children split the other half equally.

If you have a spouse or AIP and children from a previous relationship:

Your spouse or AIP receives the $350,000 preferential share plus one-third of the residue. Your children split two-thirds of the residue. This can leave your surviving spouse in a significantly compromised financial position — particularly if most of your assets are tied up in real estate.

No spouse or AIP:

Your estate passes to children equally. If no children, to parents. If no parents, to siblings. And so on down the line.

Adult Interdependent Partners in Alberta

Alberta's recognition of common-law relationships under the Wills and Succession Act is more robust than many provinces, but has requirements that not everyone meets. An Adult Interdependent Partner (AIP) is defined under the Adult Interdependent Relationships Act and generally requires living together for at least three years in a relationship of interdependence, OR having entered into an Adult Interdependent Partner Agreement.

If you're in a long-term common-law relationship but haven't met the technical AIP threshold, your partner may have no automatic intestacy rights. A will is the only guarantee.

Spousal Rights Under the Act

Even with a valid will, Alberta law provides certain protections for spouses and AIPs. The Act includes provisions for "preferential share" claims and protection against being completely disinherited. If your will makes no provision — or inadequate provision — for a spouse or AIP, they may have grounds to make a claim against your estate regardless of your will's instructions.

This doesn't mean you can't leave assets to others. It means your estate plan should be thoughtful about spousal entitlements to avoid unexpected legal challenges after your death.

Execution Requirements for an Alberta Will

A will in Alberta is valid only if it meets specific execution requirements:

  • You must be at least 18 years old (with exceptions for married persons and members of the armed forces)
  • The will must be in writing
  • Signed at the end by the testator (or by someone else in the testator's presence and by their direction)
  • Signed by two witnesses — both present at the same time, both present when the testator signs
  • Witnesses cannot be beneficiaries under the will or their spouses

These requirements seem simple. Execution errors — particularly around the witness requirements — are among the most common reasons wills are challenged in Alberta. A professionally prepared and executed will eliminates this risk entirely.

Getting a Will Done in Alberta

Wills Made Easy is coming to Alberta. When available in your city, a licensed legal professional prepares and executes your will, enduring power of attorney, and personal directive in full compliance with Alberta's legislation — in a single one-hour appointment. If you're outside Alberta, we also serve Ontario and British Columbia with province-specific expertise. Learn what happens if you die without a will in your province. at a flat rate: $395 individual, $495 couple.

We're actively expanding across Alberta — join the waitlist for your city to be notified when appointments open.

Key Changes Under the WESA

The WESA updated several important provisions that affect how estates are administered in Alberta:

  • Intestate distribution — The act clarified how estates are distributed when someone dies without a will, including the shares for surviving spouses, children, and other relatives.
  • Spousal share — The WESA defines what a surviving spouse is entitled to from an intestate estate, which varies depending on whether there are surviving children.
  • Will validity — The act clarified rules around what makes a will legally valid in Alberta, including requirements for witnessing and signing.
  • Will variation — Adult children and spouses can apply to vary a will if they believe they were not adequately provided for. The WESA sets out the framework for these applications.

Why Local Knowledge Matters

Estate planning laws vary by province. A will prepared in Ontario may reference Ontario legislation; a will prepared in Alberta should reference Alberta's WESA and related acts. While a will validly executed in one province is generally recognized across Canada, the specific provisions, tax implications, and probate procedures differ. This is why working with a professional who understands your province's legislation matters — and why Wills Made Easy ensures your documents are prepared to align with your province's legal framework.