1. What is a Homemade Will?

2. What Does Alberta Law Say?

3. How Do You Write Your Own Will in Alberta?

4. What Is a Holograph Will?

5. Does Using an Online Will Make It Safer?

6. Common Mistakes People Make When Writing Their Own Will

7. Costs: Is Writing Your Own Will Really Less Expensive?

8. When Should You Speak With an Estate Planning Lawyer?

9. How Bridgestone Law Can Help

Introduction

Many Albertans wonder whether they can simply write their own will instead of hiring a lawyer. With countless online templates, downloadable will kits, and do-it-yourself legal services readily available, preparing your own will may seem like an easy way to save time and money.

Yes. Alberta law allows you to write your own will, provided it complies with the legal requirements set out in the Wills and Succession Act.

However, writing your own will does not guarantee that it will achieve your wishes or avoid future problems. A will that is legally valid may still contain unclear language, fail to address important circumstances, or unintentionally create disputes among beneficiaries.

For people with simple estates, a homemade will may be sufficient. For those with children, blended families, real estate, businesses, significant assets, or more complex wishes, obtaining legal advice is often well worth considering.

What Is a Homemade Will?

A homemade will is any will prepared without the assistance of a lawyer.

It may be:

• entirely handwritten;

• typed using a computer;

• completed using a commercial will kit;

• created through an online will platform; or

• drafted from a template found online.

Regardless of how it is prepared, the document must satisfy Alberta's legal requirements to be recognized as a valid will.

Many people are surprised to learn that using a purchased template or online service does not automatically make a will legally sound. These resources can provide a starting point, but they cannot provide legal advice or tailor the document to your family's specific circumstances.

What Does Alberta Law Say?

The legal requirements for making a valid will in Alberta are found primarily in the Wills and Succession Act.

Generally, a person making a will must:

• have the legal capacity to make a will;

• understand the nature and effect of the document they are signing;

• make the will voluntarily and without undue influence;

• properly sign the will; and

• comply with Alberta's witnessing requirements unless the will qualifies as a valid holograph will.

Alberta law also gives the Court of King's Bench some discretion in certain circumstances to recognize documents that may not strictly comply with all formal requirements if there is sufficient evidence that the deceased intended the document to operate as their will. However, relying on the court to correct drafting or execution problems can be expensive, time-consuming, and uncertain.

For that reason, it is always preferable to prepare a will carefully from the outset rather than hoping any issues can be resolved after death.

How Do You Write Your Own Will in Alberta?

If you decide to prepare your own will, taking the time to do it properly is essential. Even relatively small mistakes can create uncertainty for your executor or beneficiaries after your death.

Although every person's circumstances are different, a will should generally address several key issues.

Appoint an Executor

One of the first decisions is choosing your executor. This is the person responsible for administering your estate after your death.

Your executor may be required to:

• locate and secure your assets;

• arrange for probate if necessary;

• pay debts and taxes;

• communicate with beneficiaries;

• manage estate finances;

• transfer or sell property; and

• distribute your estate according to your will.

Because this role carries significant legal responsibilities, you should choose someone who is trustworthy, organized, and willing to act. It is also wise to appoint an alternate executor in case your first choice is unable or unwilling to serve.

Identify Your Beneficiaries

Your will should clearly identify who will inherit your estate.

This may include:

• your spouse or Adult Interdependent Partner;

• children or grandchildren;

• other family members;

• friends;

• charities; or

• a combination of beneficiaries.

Using full legal names and clearly describing each beneficiary can reduce uncertainty later.

Describe How Your Estate Will Be Divided

Your will should explain how your property is to be distributed.

Some people leave everything equally among their children. Others make specific gifts before dividing the remainder of their estate.

For example, you may wish to leave:

• a family cabin to one child;

• jewelry to a grandchild;

• a charitable donation;

• a specific amount of money to a friend; or

• the remainder of your estate equally among several beneficiaries.

Clear wording helps reduce misunderstandings and makes the executor's job much easier.

Consider Minor Children

If you have children under the age of 18, your will provides an opportunity to nominate the person you would like to care for them if both parents die.

Although the Court always considers the best interests of the child when making guardianship decisions, expressing your wishes in your will can provide valuable guidance.

Many parents consider this to be one of the most important reasons for preparing a will.

Include Alternate Beneficiaries

Life changes.

A beneficiary may die before you, disclaim an inheritance, or become legally unable to receive it.

Your will should address what happens if one of your intended beneficiaries cannot inherit.

Without these contingency provisions, some gifts may fail and create unintended consequences.

What Is a Holograph Will?

One aspect of Alberta law that surprises many people is the recognition of holograph wills.

A holograph will is a will that is entirely in the handwriting of the person making it and signed by that individual.

Unlike most formal wills, a valid holograph will does not require witnesses.

However, handwritten wills can create practical problems.

They are often brief, may omit important provisions, and sometimes contain wording that is open to interpretation. In some cases, family members may later disagree about what the deceased intended or whether the document was meant to operate as a final will.

For these reasons, although holograph wills are recognized under Alberta law, they are generally best viewed as an option for limited or exceptional circumstances rather than a substitute for comprehensive estate planning.

Does Using an Online Will Make It Safer?

Online will platforms have become increasingly popular because they are inexpensive and convenient.

Some services ask users a series of questions and automatically generate a completed will.

While these platforms may be suitable for some individuals with straightforward circumstances, they also have important limitations.

An online questionnaire cannot:

• assess whether your wishes are likely to create legal uncertainty;

• explain how Alberta law applies to your particular situation;

• recommend strategies for blended families or business owners;

• identify potential tax concerns;

• determine whether another estate planning document is advisable; or

• answer follow-up questions based on your family's unique circumstances.

In other words, these services produce documents—they do not provide legal advice.

For some people, that distinction may not matter. For others, it can make a significant difference to the effectiveness of their estate plan.

Practical Examples

Example One: A Simple Estate

Emma is single, has no children, rents her home, and has modest savings and a vehicle. She wishes to leave everything equally to her two sisters.

Because her estate is relatively straightforward, she prepares a simple will that clearly identifies her beneficiaries and appoints one sister as executor with the other as an alternate.

Even in this situation, Emma chooses to have a lawyer review the document to ensure it complies with Alberta law and accurately reflects her intentions.

Example Two: A Blended Family

Robert has remarried later in life and has three adult children from his first marriage.

He initially believes a homemade will will be sufficient. During an estate planning consultation, however, he discovers that his family circumstances raise issues he had not considered, including how to balance the interests of his current spouse and children while reducing the likelihood of future disputes.

With legal advice, Robert prepares a much more comprehensive estate plan that better reflects his wishes and provides clearer guidance for his executor.

Example Three: A Business Owner

Jennifer owns a successful consulting company and several investment properties.

A basic template allows her to state who inherits her estate but provides little guidance regarding the continued operation of her business, the management of rental properties, or how these assets should be administered before distribution.

After meeting with an estate planning lawyer, Jennifer develops a will that addresses these more complex issues and helps ensure her executor has the authority and guidance needed to manage the estate effectively.

Common Mistakes People Make When Writing Their Own Will

Preparing your own will does not necessarily mean problems will arise. Many homemade wills are legally valid and accurately reflect the person's wishes.

However, when mistakes occur, they are often discovered only after death—when the person who wrote the will is no longer able to explain what they intended or correct the document. The result can be unnecessary delays, increased legal costs, and disputes among family members.

Some of the most common mistakes include:

Using Unclear or Ambiguous Language

One of the greatest risks of a homemade will is unclear wording.

For example, a person may write, "I leave my house to my children."

While this may seem straightforward, questions can quickly arise.

• Does each child receive an equal share?

• Should the home be sold first?

• What if one child has been living in the home?

• What happens if one child dies before the will-maker?

Without clear instructions, the executor may be left trying to interpret the deceased's intentions, potentially leading to disagreements or even court proceedings.

Forgetting About Future Changes

A will should not only reflect your current circumstances but also anticipate future possibilities.

People often forget to consider what should happen if:

• an executor dies before they do;

• a beneficiary dies first;

• additional children or grandchildren are born;

• they purchase new property;

• they sell major assets;

• they remarry or enter an Adult Interdependent Partnership; or

• family relationships change.

A lawyer will often include contingency provisions that many people would not think to add on their own.

Choosing the Wrong Executor

Many people choose a close family member simply because they feel obligated.

However, administering an estate can be time-consuming and complex. Executors may be responsible for communicating with financial institutions, filing tax returns, maintaining detailed records, arranging the sale or transfer of property, and distributing the estate.

The best executor is not always the closest relative, it is someone who is trustworthy, organized, capable of making difficult decisions, and willing to take on the responsibility.

Failing to Coordinate Other Estate Planning Documents

Your will is only one part of a complete estate plan.

Many people also benefit from preparing:

• an Enduring Power of Attorney, which allows someone to manage financial affairs if you lose capacity; and

• a Personal Directive, which allows someone to make personal and health care decisions on your behalf if you become incapable of making them yourself.

Preparing these documents together helps ensure that your affairs are managed according to your wishes both during your lifetime and after your death.

Believing a Will Never Needs Updating

A will should be reviewed periodically rather than placed in a drawer and forgotten.

Major life events often warrant updating your estate plan, including:

• marriage;

• separation or divorce;

• the birth or adoption of children;

• becoming a grandparent;

• buying or selling a home;

• starting or selling a business;

• receiving an inheritance; or

• the death of an executor or beneficiary.

Reviewing your will every few years—or whenever your circumstances change—is one of the best ways to ensure it continues to reflect your wishes.

Costs: Is Writing Your Own Will Really Less Expensive?

Many people choose to write their own will because they hope to save money. In some cases, particularly where an individual has a very simple estate and straightforward wishes, that may be a reasonable decision.

However, it is important to consider the potential long-term costs rather than focusing solely on the initial expense.

A homemade will that creates uncertainty or fails to address important issues can result in:

• delays during estate administration;

• additional legal fees;

• disputes between beneficiaries;

• increased court costs;

• higher accounting expenses; and

• emotional strain on surviving family members.

By comparison, the cost of having a lawyer prepare a will is often modest when viewed in the context of protecting an estate that may be worth hundreds of thousands, or even millions, of dollars.

Professional estate planning is not simply about producing a document. It is about receiving advice that is tailored to your family, your assets, and your long-term goals.

When Should You Speak With an Estate Planning Lawyer?

Although many Albertans are legally able to prepare their own wills, there are situations where professional legal advice is strongly recommended.

You should consider consulting an estate planning lawyer if:

• you own real estate;

• you have children under the age of 18;

• you are part of a blended family;

• you own a business or professional corporation;

• you have significant investments or multiple properties;

• you have beneficiaries outside Canada;

• you wish to establish a trust;

• you intend to leave unequal gifts to family members;

• you have concerns about possible disputes after your death; or

• you simply want confidence that your estate plan has been prepared correctly.

Even a single meeting with an experienced estate planning lawyer can identify issues that are easy to overlook and help ensure your wishes are carried out as intended.

How Bridgestone Law Can Help

Writing your own will is legally permitted in Alberta, but deciding whether it is the right choice depends on your individual circumstances.

At Bridgestone Law, we help individuals and families throughout Calgary and Alberta prepare wills that are clear, comprehensive, and tailored to their unique needs. Rather than relying on generic templates, we take the time to understand your family, your assets, and your goals so that your estate plan reflects your wishes and complies with Alberta law.

Whether you are preparing your first will, updating an existing estate plan, planning for a blended family, or addressing more complex estate planning needs, our experienced team can guide you through the process with practical advice and personalized solutions.

A properly prepared will can provide lasting peace of mind, knowing that you have made important decisions now that will help protect your loved ones in the future.