1. What Does "Valid" Mean?

2. What Does Alberta Law Say?

3. What Is a Holograph Will?

4. Can the Court Recognize a Will That Doesn't Meet Every Requirement?

5. Common Mistakes That Can Affect the Validity of a Will

6. Costs: Is It Worth Having a Lawyer Prepare Your Will?

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

8. How Bridgestone Law can Help

Introduction

Preparing a will is one of the most important steps you can take to protect your family and ensure your wishes are respected after your death. However, simply writing down your intentions does not necessarily mean your will is legally valid.

Many people assume that if a document is signed and stored safely, it will automatically be recognized after they die. Unfortunately, that is not always the case. Alberta law sets out specific legal requirements that generally must be satisfied before a document can operate as a valid will.

For a will to be legally valid in Alberta, it must generally be made by someone with the legal capacity to make a will, be prepared voluntarily without undue influence, comply with the requirements of the Wills and Succession Act, and be properly signed and witnessed unless it qualifies as a valid holograph will.

Meeting the legal requirements, however, is only part of the process. A well-drafted will should also be clear, complete, and capable of carrying out your wishes without creating unnecessary uncertainty for your executor or beneficiaries.

What Does "Valid" Mean?

When lawyers say a will is valid, they are referring to more than whether the document exists.

A valid will is one that the Court will recognize as expressing the deceased person's final testamentary wishes. It gives the executor legal authority to administer the estate according to those instructions, subject to any applicable court process, including probate where required.

A will may appear perfectly reasonable but still encounter problems if:

• it was not signed correctly;

• the required witnesses were not present;

• the person making the will lacked legal capacity;

• someone improperly pressured the person into signing it;

• multiple versions of the will create uncertainty;

• parts of the will are ambiguous or contradictory; or

• later changes were made improperly.

Understanding these requirements before preparing a will can help avoid significant problems for your loved ones later.

What Does Alberta Law Say?

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

Although every situation is unique, several fundamental requirements generally apply.

The Person Must Have Legal Capacity

The person making the will (called the testator) must understand:

• that they are making a will;

• the general nature and value of their property;

• who would normally expect to benefit from their estate; and

• how the will distributes their assets.

Having capacity does not require someone to remember every asset they own or understand every legal detail. Instead, they must have a sufficient understanding of the decisions they are making at the time the will is signed.

Capacity can become an important issue where a person has dementia, cognitive impairment, serious illness, or another medical condition affecting decision-making. If there is any uncertainty, obtaining legal advice early is strongly recommended.

The Will Must Be Made Voluntarily

A valid will must reflect the genuine wishes of the person making it.

If someone is pressured, manipulated, threatened, or improperly influenced into signing a will they would not otherwise have made, the validity of the will may later be challenged.

This is known as undue influence.

Not every family disagreement amounts to undue influence. However, where concerns exist, careful legal advice and proper documentation can help reduce the likelihood of future disputes.

Signing Requirements

One of the most common reasons a will is challenged is because it was not signed correctly.

Under Alberta law, a formal will generally must be signed by the person making the will. If they are physically unable to sign, Alberta law permits another person to sign on their behalf in certain circumstances, provided the legal requirements are satisfied.

The signature is important because it demonstrates that the person intended the document to operate as their final will.

Many people mistakenly believe they can make handwritten changes after signing their will or simply initial revisions. In reality, changes made after a will has been executed can create uncertainty and may not be legally effective unless they comply with Alberta law.

If you wish to make significant changes to your will, it is usually preferable to prepare a new will or a properly drafted codicil rather than making handwritten amendments to an existing document.

Witness Requirements

For most formal wills in Alberta, the will must be signed in the presence of two witnesses, who must also sign the will.

The purpose of witnesses is not to approve the contents of the will. Rather, they confirm that:

• the person signing the will appeared to do so voluntarily;

• the person appeared to have the capacity to make the will; and

• the required signing formalities were followed.

Choosing appropriate witnesses is extremely important.

Generally, a beneficiary under the will, or the spouse or Adult Interdependent Partner of a beneficiary, should not act as a witness. Doing so may affect that beneficiary's entitlement under the will, even if the remainder of the will remains valid.

For this reason, witnesses should be independent adults who are not receiving gifts under the will.

A lawyer's office routinely ensures that proper witnesses are available, helping to avoid mistakes that could otherwise create unnecessary complications after death.

What Is a Holograph Will?

Alberta law also recognizes a holograph will.

A holograph will is a will that is:

• entirely in the handwriting of the person making the will; and

• signed by that person.

Unlike a formal will, a holograph will does not require witnesses.

Many people view holograph wills as a convenient alternative because they can be prepared quickly in an emergency. However, they also carry significant risks.

Because they are often written without legal advice, holograph wills may:

• omit important provisions;

• contain unclear language;

• fail to appoint an alternate executor;

• overlook certain assets;

• create uncertainty regarding beneficiaries; or

• lead to disagreements about the deceased's intentions.

Although Alberta law recognizes holograph wills, they are generally best suited to exceptional circumstances rather than comprehensive estate planning.

Can the Court Recognize a Will That Doesn't Meet Every Requirement?

In some situations, yes.

The Wills and Succession Act gives the Court of King's Bench of Alberta limited authority to recognize certain documents that do not strictly comply with all of the formal requirements for a valid will if there is sufficient evidence that the deceased intended the document to operate as their will.

For example, depending on the circumstances, the Court may be asked to consider documents such as:

• an unsigned draft;

• a document with technical execution errors;

• certain electronic records; or

• other written expressions of testamentary intention.

However, these applications are highly fact-specific and are not guaranteed to succeed.

Relying on the Court to determine whether an informal document should be recognized can significantly increase legal costs, delay estate administration, and create uncertainty for beneficiaries.

Rather than hoping a court will correct execution problems after death, it is far preferable to ensure that your will is properly prepared and executed from the outset.

Practical Examples

Example One: Improper Witnesses

Karen prepares her own will using an online template. She asks her two adult children, the primary beneficiaries under her will, to act as witnesses because they happen to be visiting.

Years later, after Karen passes away, questions arise about whether those witnessing arrangements affect the gifts left to her children. Although the estate may ultimately be resolved, a mistake that could have been avoided results in unnecessary legal advice, delays, and additional expense.

Example Two: A Handwritten Emergency Will

While travelling, Brian unexpectedly becomes seriously ill. Believing he may not survive, he handwrites and signs a short document leaving his estate to his wife.

Because the document is entirely in his handwriting and signed by him, it may qualify as a holograph will under Alberta law. However, because it contains very few details, his executor later encounters several practical difficulties administering the estate that a comprehensive will would likely have avoided.

Example Three: Updating an Existing Will

Susan prepares a professionally drafted will several years ago. After becoming a grandmother, she decides to add a gift for her new grandchild by writing additional instructions in the margin and initialing the page.

After Susan's death, uncertainty arises over whether those handwritten additions are legally effective. Rather than simplifying matters, the informal amendment creates questions that may require legal interpretation.

This is one reason lawyers generally recommend formally updating a will instead of making handwritten changes to an existing document.

Common Mistakes That Can Affect the Validity of a Will

Many wills are challenged not because someone intended to do something wrong, but because an important legal requirement was overlooked or a seemingly minor mistake created uncertainty.

Understanding these common pitfalls can help ensure your will accurately reflects your wishes and stands up to scrutiny when it is needed most.

Failing to Follow Proper Signing Procedures

A will that is not signed in accordance with Alberta law may not be recognized as valid.

For example, signing the will without the required witnesses present, asking the wrong people to act as witnesses, or failing to complete the signing process correctly can all create unnecessary complications.

Although Alberta courts have some discretion to validate certain documents in limited circumstances, relying on the court to correct an execution error is never ideal.

Using Ambiguous Language

A will should leave little room for interpretation.

Statements such as:

• "I leave my valuables to my family,"

• "My children can decide how to divide everything,"

• or "My house should stay in the family"

may seem clear while you are writing them, but can create significant disagreement after your death.

Questions may arise regarding:

• which property is included;

• which family members were intended;

• whether property should be sold;

• who receives what share; or

• what happens if circumstances change.

The clearer the language, the easier it is for your executor to administer the estate according to your wishes.

Forgetting to Revoke Previous Wills

Many people prepare a new will but forget that earlier versions may still exist.

A professionally drafted will typically contains a clause revoking all previous wills and codicils. Without this, uncertainty may arise if multiple versions are discovered after death.

Keeping only your current, original will and ensuring outdated copies are appropriately dealt with can help reduce confusion for your executor.

Making Informal Changes After Signing

People sometimes attempt to update their wills by crossing out names, writing notes in the margins, attaching sticky notes, or inserting additional pages.

While these changes may seem practical, they often create uncertainty about whether they were intended to form part of the will and whether they comply with Alberta law.

If your wishes change, it is usually far safer to prepare a new will or have a lawyer prepare a codicil or updated will rather than making handwritten alterations.

Waiting Too Long to Update Your Will

A will should be reviewed whenever significant life changes occur.

Common reasons to update a will include:

• marriage or entering an Adult Interdependent Partnership;

• separation or divorce;

• the birth or adoption of children or grandchildren;

• purchasing or selling real estate;

• starting or selling a business;

• receiving a substantial inheritance;

• the death of an executor or beneficiary; or

• a significant change in your financial circumstances.

An outdated will may still be legally valid, but it may no longer reflect your intentions.

Costs: Is It Worth Having a Lawyer Prepare Your Will?

Many people assume that preparing a valid will is simply a matter of meeting Alberta's legal requirements.

In reality, the greater value of working with an estate planning lawyer often lies in preventing problems that may never become apparent until years later.

A professionally prepared will can help:

• ensure legal formalities are followed;

• reduce ambiguity;

• address complex family situations;

• minimize the likelihood of disputes;

• provide clear guidance for your executor; and

• integrate your will with the rest of your estate plan.

While preparing your own will may involve little or no upfront cost, correcting problems after death can be significantly more expensive and emotionally taxing for the people you leave behind.

For many Albertans, the cost of having a lawyer prepare a will is modest when compared to the value of protecting an estate that may represent a lifetime of work.

When Should You Speak With an Estate Planning Lawyer?

Although many people are capable of preparing a legally valid will on their own, there are situations where professional legal advice is particularly valuable.

You should consider consulting an estate planning lawyer if:

• you own real estate;

• you have children under the age of 18;

• you have a blended family;

• you own a business or professional corporation;

• you wish to establish a trust;

• you have beneficiaries who live outside Canada;

• you have significant investments or multiple properties;

• you anticipate family conflict;

• you are concerned about capacity or undue influence;

• you want to minimize uncertainty for your executor; or

• you simply want confidence that your will has been properly prepared.

Even where your estate appears relatively straightforward, a legal review can often identify issues that are easy to overlook and provide peace of mind that your wishes will be carried out as intended.

How Bridgestone Law Can Help

A valid will is about more than satisfying Alberta's legal requirements. It is about ensuring your wishes are clearly expressed, your loved ones are protected, and your executor has the guidance needed to administer your estate with confidence.

At Bridgestone Law, we help individuals and families throughout Calgary and Alberta prepare wills that are tailored to their unique circumstances. We take the time to understand your family, your assets, and your long-term goals before preparing documents that comply with Alberta law and provide practical solutions for the future.

Whether you are preparing your first will, updating an existing estate plan, planning for a blended family, or dealing with more complex estate planning issues, our experienced team is here to help.

A carefully prepared will can provide lasting peace of mind, knowing that your affairs have been organized in a way that protects the people who matter most.