1. What Makes a Will Legally Valid in Alberta?

2. What Does a Lawyer do When Preparing Your Will?

3. Are DIY Wills Legal in Alberta?

4. The Risks of Preparing Your Own Will

5. When Is Hiring a Lawyer Strongly Recommended?

6. Common Mistakes People Make When Preparing Their Own Will

7. Costs: Is Hiring a Lawyer Worth It?

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

9. How Bridgestone Law can Help

Introduction

Many Albertans put off making a will because they believe it is expensive, complicated, or something that can wait until later in life. Others turn to online templates or do-it-yourself will kits, assuming that if the document is signed, it must be legally valid.

In Alberta, the law does not require you to hire a lawyer to make a will. In fact, many people are legally capable of preparing their own will. However, there is an important difference between having a will and having the right will.

A will is one of the most important legal documents you will ever sign. It determines who will administer your estate, who receives your property, who may care for your minor children, and how your wishes will be carried out after your death. If your will is unclear, incomplete, or does not comply with Alberta law, the consequences may not become apparent until your loved ones are already coping with your loss.

For many people, a properly prepared will provides peace of mind. Rather than leaving family members to interpret uncertain wording or resolve unexpected legal issues, a carefully drafted will can make the administration of an estate far smoother and reduce the likelihood of disputes.

Alberta law does not require you to hire a lawyer to prepare a valid will.

However, many people benefit from legal advice because a lawyer can ensure that your will complies with Alberta's legal requirements, accurately reflects your wishes, minimizes ambiguity, and considers issues that many people do not realize should be addressed. Professional advice can be particularly valuable if you own real estate, have children, are part of a blended family, own a business, have significant investments, or simply want the reassurance that your estate plan has been properly prepared.

What Makes a Will Legally Valid in Alberta?

Before deciding whether to hire a lawyer, it helps to understand what Alberta law actually requires.

Under Alberta's Wills and Succession Act, a person making a will (known as the testator) must generally:

• be at least 18 years of age, unless an exception applies;

• have the mental capacity to understand the nature and effect of making a will;

• make the will voluntarily and without undue influence;

• sign the will; and

• have the will properly witnessed unless it qualifies as a valid holograph will under Alberta law.

These legal requirements are only the starting point. A will may technically satisfy the formal legal requirements but still create significant problems if it is poorly drafted, contains contradictory provisions, fails to deal with all of the person's assets, or does not account for changing family circumstances.

For this reason, preparing a legally valid will and preparing an effective estate plan are not always the same thing.

What Does a Lawyer Do When Preparing Your Will?

Many people assume that preparing a will simply involves filling in a template and deciding who receives which assets. In reality, an experienced estate planning lawyer does far more than record your wishes.

A lawyer begins by learning about your family, your finances, your goals, and your concerns. They then prepare a will that not only reflects your wishes but also anticipates situations that could arise years or even decades into the future.

For example, a lawyer may discuss questions such as:

• Who should act as your executor, and is that person willing and capable of serving?

• Should you appoint an alternate executor in case your first choice cannot act?

• What happens if one of your beneficiaries dies before you?

• Who will care for your minor children if both parents pass away?

• How should personal belongings be divided?

• Should certain gifts be made before the remainder of the estate is divided?

• Are there tax consequences that should be considered?

• Could the wording of your will unintentionally create conflict between beneficiaries?

These are issues that many people simply do not think about until they arise. By then, it is often too late to correct them.

A lawyer can also identify opportunities to simplify the future administration of your estate. Clear drafting can reduce uncertainty for your executor, minimize disagreements among beneficiaries, and make the probate process more straightforward where probate is required.

Are DIY Wills Legal in Alberta?

Yes. Alberta recognizes several forms of wills, including professionally drafted wills and, in some circumstances, handwritten (holograph) wills that meet the requirements of the Wills and Succession Act.

There are also numerous online will services and will kits available to Albertans. While these products may appear convenient, they are designed to address general situations rather than the unique circumstances of any one individual.

A

template cannot ask follow-up questions when your answers create legal inconsistencies. It cannot explain the consequences of leaving property in a particular way, identify potential tax issues, or suggest alternative approaches that may better achieve your goals.

Most importantly, a template cannot exercise legal judgment.

Many of the estate disputes that reach the courts do not arise because someone failed to make a will. They arise because a will was unclear, incomplete, outdated, or did not properly address the individual's circumstances.

The Risks of Preparing Your Own Will

Preparing your own will does not automatically mean problems will occur. Many simple estates are administered without difficulty.

However, there are common mistakes that can create unnecessary complications for the people you leave behind.

Unclear Wording

A will should leave little room for interpretation. Ambiguous language can result in beneficiaries having different understandings of what the deceased intended.

Even a single sentence can sometimes lead to lengthy disputes if it is open to multiple interpretations.

Failing to Deal With All Assets

People often focus on major assets such as their home or bank accounts but forget to consider investment accounts, business interests, digital assets, collectibles, family heirlooms, or property acquired after the will is signed.

A well-drafted will anticipates that your estate may change over time.

Choosing the Wrong Executor

Many people select a family member without considering whether that individual has the time, skills, or willingness to administer the estate.

Being an executor is a significant legal responsibility. The role may involve dealing with financial institutions, government agencies, accountants, real estate transactions, tax filings, creditors, and beneficiaries over the course of a year or more.

A lawyer can help you understand what the role involves so you can make an informed decision.

Forgetting to Update the Will

A will should not be viewed as a document that is prepared once and never reviewed again.

Life changes such as marriage, divorce, the birth of children or grandchildren, purchasing property, starting a business, or losing a loved one may all warrant revisiting your estate plan.

Many people discover years later that their will no longer reflects their wishes simply because it has not been updated.

Creating Unintended Tax or Administrative Issues

The way assets are gifted can affect how easily an estate is administered and, in some cases, the tax consequences that arise.

Although no lawyer can eliminate every tax consequence, careful estate planning can often identify potential issues and help clients make informed decisions based on their circumstances.

When Is Hiring a Lawyer Strongly Recommended?

While some straightforward estates may be suitable for a simple will, there are many situations where obtaining legal advice is highly recommended.

You should strongly consider hiring a lawyer if:

• you own a home, rental property, or other real estate;

• you are married, separated, divorced, or in an adult interdependent relationship;

• you have children or grandchildren;

• you have a blended family;

• you own a business or professional corporation;

• you have significant investments or registered accounts;

• you expect to leave unequal gifts to your beneficiaries;

• you wish to establish a trust;

• you have beneficiaries who live outside Canada;

• you own assets outside Alberta or outside Canada;

• you have concerns about family conflict;

• you wish to provide for a dependent family member with special needs; or

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

In these situations, the value of professional legal advice often extends well beyond the preparation of the will itself. It can help protect your family from uncertainty, reduce the likelihood of disputes, and provide your executor with clear guidance when the time comes to administer your estate.

Practical Examples

Example One: A Young Family

Michael and Sarah are in their early thirties and have recently welcomed their first child. They own a home in Calgary, have life insurance, RRSPs, and savings, but they have never prepared wills because they believe they are "too young."

When they meet with an estate planning lawyer, they quickly realize that the most important part of their wills is not deciding who inherits their assets—it is deciding who would care for their daughter if something happened to both of them. They also appoint alternate guardians, choose an executor they trust, and ensure their estate will be managed according to their wishes.

Without a properly prepared will, these important decisions could have been left to the courts.

Example Two: A Blended Family

David has two adult children from his first marriage and has since remarried. His current wife owns some assets separately, while they also own property together.

David originally considered using an online will because he believed his wishes were straightforward. During a consultation, however, he learns that leaving everything to his spouse without careful planning could unintentionally affect what ultimately passes to his children.

His lawyer helps him prepare a will that balances the needs of his spouse while preserving his intentions for his children. The result is a much clearer estate plan that significantly reduces the likelihood of future conflict.

Example Three: A Business Owner

Lisa owns a successful landscaping company that she built over twenty years. Her business supports several employees and represents most of her family's wealth.

A generic will template simply leaves "everything" to her children.

Her lawyer, however, discusses important questions such as:

• Who will manage the business immediately after her death?

• Should one child inherit the business while others receive different assets?

• How will the business be valued?

• What authority will the executor have?

• Should succession planning occur before death?

These discussions lead to a much more comprehensive estate plan that protects both the business and Lisa's family.

Common Mistakes People Make When Preparing Their Own Will

Many homemade wills work exactly as intended. However, when problems occur, they can create delays, additional legal costs, and unnecessary stress for surviving family members.

Some of the most common mistakes include:

Waiting Too Long

One of the biggest mistakes is assuming there will always be time to prepare a will later.

Accidents and unexpected illnesses can happen at any age. If someone dies without a valid will, their estate will generally be distributed according to Alberta's Wills and Succession Act, which may not reflect what they would have wanted.

Using Generic Templates

Many online templates are designed for broad audiences and may not reflect Alberta law or address your particular circumstances.

A template cannot tell you whether your wording creates ambiguity or whether your estate plan is likely to achieve your objectives.

Forgetting to Update the Will

A will should be reviewed periodically, especially after major life events such as:

• marriage;

• separation or divorce;

• entering or ending an Adult Interdependent Partnership;

• the birth or adoption of children;

• the death of a beneficiary or executor;

• purchasing or selling significant assets;

• starting or selling a business; or

• moving to or from Alberta.

An outdated will can be almost as problematic as having no will at all.

Choosing Executors for the Wrong Reasons

Many people automatically choose their oldest child, closest relative, or best friend without considering whether that individual has the time, organizational skills, or willingness to administer an estate.

Being an executor can involve hundreds of hours of work over many months and carries significant legal responsibilities.

Focusing Only on Who Gets What

People often think a will is simply a document that divides property.

In reality, a well-prepared will also addresses administration, contingencies, alternate beneficiaries, substitute executors, guardianship of minor children, and many other practical issues that may never occur—but should be planned for if they do.

Costs: Is Hiring a Lawyer Worth It?

Many people initially choose a do-it-yourself will because they hope to save money.

While this may reduce the upfront cost, it can sometimes result in much greater expenses later if the will is unclear or creates disputes that require legal intervention after death.

By comparison, the cost of having a lawyer prepare a will is often modest when considered against the value of the estate it is intended to protect.

A professionally prepared will may help:

• reduce the likelihood of disputes between beneficiaries;

• avoid drafting errors;

• make probate and estate administration more efficient;

• provide clarity for your executor;

• ensure your wishes are accurately recorded; and

• give you confidence that your estate plan complies with Alberta law.

Every person's circumstances are different. For some individuals with very simple estates, a basic will may be sufficient. For others, particularly those with children, real estate, businesses, blended families, or significant assets, professional legal advice can provide lasting value and peace of mind.

Bridgestone Law - Fees

When Should You Speak With an Estate Planning Lawyer?

Although Alberta law does not require you to hire a lawyer to prepare a will, there are many situations where professional legal advice can help ensure your wishes are properly documented and your loved ones are protected.

You should strongly consider speaking with an estate planning lawyer if:

• you own a home, recreational property, or other real estate;

• you are married, separated, divorced, or in an Adult Interdependent Partnership;

• you have children or grandchildren;

• you have a blended family;

• you own a business or professional corporation;

• you have significant investments or registered accounts;

• you wish to leave unequal gifts to beneficiaries;

• you have a beneficiary with a disability or special needs;

• you own assets outside Alberta or outside Canada;

• you anticipate family conflict or believe someone may challenge your will;

• you have substantial debt or complex financial affairs; or

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

Even if your estate appears straightforward, a consultation with an estate planning lawyer can provide valuable peace of mind. Many issues that create difficulties during estate administration are identified and resolved during the will-planning process, long before they become problems for your family.

A lawyer can also help ensure your will works together with other important estate planning documents, such as an Enduring Power of Attorney and a Personal Directive, creating a comprehensive plan for both your lifetime and after your death.

Is Hiring a Lawyer Worth It?

For many people, the question is not whether they can prepare their own will, but whether they should.

A professionally prepared will is an investment in certainty. It provides confidence that your wishes have been clearly documented, that your estate plan complies with Alberta law, and that your executor has clear instructions to follow when the time comes.

While every person's circumstances are different, the cost of preparing a will with a lawyer is often small compared to the potential financial and emotional costs that can arise from an unclear or poorly drafted will. A dispute over the interpretation of a homemade will can result in significant legal expenses, delays in administering the estate, and strained family relationships—outcomes that careful planning may help avoid.

Perhaps most importantly, a lawyer does not simply prepare a document. They provide advice tailored to your unique circumstances, identify issues you may not have considered, and help you make informed decisions that reflect your wishes and protect those you care about most.

How Bridgestone Law Can Help

Preparing a will is about more than deciding who receives your property. It is about creating a clear plan that protects your loved ones, minimizes uncertainty, and makes it easier for your executor to carry out your wishes.

At Bridgestone Law, we assist individuals and families throughout Calgary and Alberta with wills, estate planning, probate, and estate administration. We take the time to understand your family, your assets, and your goals before preparing a will that 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 team can provide practical legal advice tailored to your circumstances. Our goal is to give you confidence that your estate plan is complete, legally sound, and designed to protect the people who matter most to you.