1. What Does Alberta Law Say?

2. What Should Every Will Include?

3. Review Your Will Regularly

4. Common Mistakes When Preparing a Will

5. Costs and Considerations

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

7. How Can Bridgestone Law Help?

Introduction

When people think about making a will, they often focus on one question: "Who gets my property?"

While distributing your assets is certainly one of the most important functions of a will, it is only part of the picture.

A well-prepared will provides clear instructions that guide your family and your executor through what can be an emotional and stressful time. It can identify who will administer your estate, who will care for your minor children, how your belongings should be divided, and what should happen if circumstances change before your death.

A properly prepared will in Alberta should generally include:

• the appointment of an executor;

• alternate executors;

• the identification of your beneficiaries;

• instructions for distributing your estate;

• guardianship wishes for minor children, where applicable;

• alternate beneficiaries;

• administrative powers for your executor; and

• clauses addressing unforeseen circumstances.

Depending on your situation, your will may also include trusts, gifts to charities, business succession planning, tax considerations, and other provisions tailored to your family's needs.

What Does Alberta Law Say?

The Wills and Succession Act sets out the legal requirements for making a valid will in Alberta.

However, the legislation does not prescribe exactly what every will must say. Instead, it establishes the legal framework for creating a valid will while allowing individuals considerable flexibility in deciding how their estate should be administered and distributed.

This means that although every valid will must comply with Alberta's legal requirements, no two wills are exactly alike.

A young couple with one child may have very different priorities than a retired business owner with adult children, investment properties, and grandchildren.

The purpose of a well-drafted will is to address your particular circumstances rather than relying on generic wording.

What Should Every Will Include?

Although every estate plan is unique, there are several provisions that should appear in most Alberta wills.

Appoint an Executor

Perhaps the most important decision in your will is choosing your executor.

Your executor is the person responsible for administering your estate after your death.

Their responsibilities may include:

• locating your assets;

• securing property;

• applying for probate if required;

• paying debts and taxes;

• communicating with beneficiaries;

• maintaining estate records;

• transferring or selling assets; and

• distributing the estate according to your wishes.

Because this role carries significant legal responsibilities, your executor should be someone you trust to act honestly, responsibly, and impartially.

It is also advisable to appoint at least one alternate executor in case your first choice is unable or unwilling to serve.

Clearly Identify Your Beneficiaries

Your will should clearly identify every person or organization that will receive part of your estate.

Depending on your wishes, beneficiaries may include:

• your spouse or Adult Interdependent Partner;

• children or grandchildren;

• extended family members;

• friends;

• charities; or

• other organizations.

Using full legal names wherever possible helps reduce uncertainty and makes it easier for your executor to administer the estate.

Avoid vague descriptions such as "my nieces" or "my cousins" unless it is absolutely clear who is intended.

Explain How Your Estate Will Be Divided

Your will should clearly state who receives your property and how it is to be distributed.

For example, you may wish to:

• leave your entire estate equally among your children;

• make specific gifts before dividing the remainder of your estate;

• leave charitable donations;

• distribute sentimental family heirlooms;

• leave different assets to different beneficiaries; or

• provide for a surviving spouse before children inherit.

The clearer your instructions are, the easier it will be for your executor to carry out your wishes.

Appoint a Guardian for Minor Children

For parents of young children, this is often the most important part of a will.

Your will allows you to express your wishes about who you would like to care for your children if both parents die before the children reach adulthood.

Although the Court always makes decisions based on the best interests of the child, naming your preferred guardian provides valuable guidance and can help reduce uncertainty or disagreements among family members during an already difficult time.

When choosing a guardian, consider factors such as:

• the person's relationship with your children;

• their values and parenting style;

• their age and health;

• where they live;

• whether they are willing to take on the responsibility; and

• their financial and family circumstances.

Many parents also choose an alternate guardian in case their first choice is unable or unwilling to act.

Name Alternate Beneficiaries

Life is unpredictable. A beneficiary may die before you, decline an inheritance, or become legally unable to receive it.

A well-prepared will should explain what happens if one of your intended beneficiaries cannot inherit.

For example, if you leave your estate equally to your three children and one child dies before you, should:

• that child's share pass to their own children?

• the remaining children divide the share equally?

• the gift lapse altogether?

Without clear instructions, Alberta law may determine how certain gifts are distributed, which may not reflect your wishes.

Including alternate beneficiaries provides certainty and helps your executor administer the estate more efficiently.

Give Your Executor the Necessary Administrative Powers

Administering an estate involves much more than simply distributing property.

Your executor may need authority to:

• sell real estate;

• manage investment accounts;

• operate or wind up a business;

• pay debts and taxes;

• retain lawyers, accountants, appraisers, and real estate professionals;

• settle claims involving the estate;

• insure estate assets;

• maintain vacant property;

• invest estate funds while administration is ongoing; and

• deal with unexpected issues that arise after your death.

Most professionally prepared wills contain administrative powers that allow an executor to carry out these responsibilities efficiently.

Without appropriate powers, your executor may need to seek additional court approval before taking certain actions, potentially increasing both the cost and the time required to administer the estate.

Deal With Personal Belongings

While homes, investments, and bank accounts often receive the most attention, disputes frequently arise over items that have relatively little financial value but significant sentimental importance.

These may include:

• family heirlooms;

• jewelery;

• photographs;

• artwork;

• furniture;

• collectibles;

• firearms (where legally owned and transferred in accordance with applicable law);

• vehicles; or

• keepsakes passed down through generations.

Your will can include specific gifts of these items or authorize your executor to distribute them according to a separate written memorandum if appropriate.

Providing clear instructions can help prevent disagreements among family members and reduce emotional conflict during estate administration.

Consider Your Digital Assets

Today's estates often include valuable digital property that did not exist a generation ago.

Examples include:

• online banking accounts;

• cryptocurrency;

• digital photographs and videos;

• cloud storage;

• email accounts;

• social media accounts;

• websites and domain names;

• online businesses; and

• digital subscriptions.

While passwords generally should not be included directly in your will because a will may become part of the public probate record, your executor should know that these assets exist and where to locate secure access information.

A comprehensive estate plan often includes a separate inventory of digital assets that can be updated without changing the will itself.

Should Funeral Wishes Be Included?

Many people wish to include funeral or cremation instructions in their will.

While there is nothing inherently wrong with expressing these wishes, it is important to understand one practical limitation.

A will is often not located or reviewed until after funeral arrangements have already been made.

For that reason, if you have strong preferences regarding burial, cremation, organ donation, religious services, or memorial arrangements, it is usually advisable to communicate those wishes directly to your family and your executor during your lifetime.

You may also wish to keep written funeral instructions with your estate planning documents so they can be accessed immediately after your death.

Including your wishes in your will can still be helpful, but it should not be the only place they are recorded.

Include a Clause Revoking Previous Wills

A professionally drafted will will typically contain a clause stating that it revokes all prior wills and codicils.

This helps avoid confusion if earlier versions of your will are later discovered.

Without a clear revocation clause, questions may arise about which document represents your final intentions.

Keeping only your current original will and ensuring outdated versions are appropriately destroyed or clearly marked as revoked can further reduce the possibility of disputes.

Review Your Will Regularly

A will is not a document that should be prepared once and forgotten.

As your life changes, your estate plan should change with it.

You should consider reviewing your will after significant events such as:

• marriage or entering an Adult Interdependent Partnership;

• separation or divorce;

• the birth or adoption of children or grandchildren;

• purchasing or selling real estate;

• starting, purchasing, or selling a business;

• receiving a substantial inheritance;

• the death of an executor or beneficiary; or

• any significant change in your financial circumstances or family relationships.

Even if nothing significant has changed, reviewing your will every few years helps ensure it continues to reflect your wishes and remains appropriate for your current circumstances.

Practical Examples

Example One: A Young Family

James and Melissa have two young children and recently purchased their first home in Calgary. They prepare wills that leave everything to each other if one of them dies first.

However, they also recognize that they need to plan for the unlikely event that they both pass away. Their wills appoint trusted guardians for their children, name alternate guardians, appoint an executor, and provide instructions for managing the children's inheritance until they reach an appropriate age.

Rather than simply distributing assets, their wills provide a complete plan for protecting their family.

Example Two: A Blended Family

David has two adult children from his first marriage and has recently remarried. He wants to ensure his wife is financially secure while also preserving an inheritance for his children.

His will clearly explains how his estate will be divided, appoints an experienced executor, and includes contingency provisions should one of the beneficiaries die before him.

By carefully addressing his family's unique circumstances, David greatly reduces the likelihood of future misunderstandings and disputes.

Example Three: A Business Owner

Lisa owns a successful construction company and several investment properties.

Rather than simply leaving "everything equally" to her children, her will provides the executor with authority to continue operating or sell the business if necessary, retain professional advisors, and manage the estate while decisions are being made.

Without these additional provisions, the administration of her estate could become significantly more difficult and costly.

Common Mistakes When Preparing a Will

Even where someone has good intentions, important details are often overlooked.

Some of the most common mistakes include:

Choosing the Wrong Executor

Many people appoint the oldest child or closest relative without considering whether that person has the time, organizational skills, or willingness to administer the estate.

An executor may spend many months—or even longer—managing financial institutions, real estate, tax matters, lawyers, accountants, and beneficiaries. Choosing someone solely out of obligation rather than ability can make estate administration much more difficult.

Forgetting Alternate Executors or Beneficiaries

People often assume their first choice will always be available.

Unfortunately, beneficiaries and executors sometimes die first, become incapable, or decline to act.

Naming alternates helps ensure your estate can still be administered according to your wishes.

Being Too Vague

Statements such as:

• "My family can work it out."

• "Divide everything fairly."

• "Give my valuables to my children."

may seem reasonable, but they often leave important questions unanswered.

Clear instructions reduce uncertainty and make the executor's responsibilities much easier.

Ignoring New Assets

Your financial circumstances may change considerably over time.

You may purchase another home, start a business, inherit money, or acquire significant investments.

Reviewing your will periodically helps ensure these assets are properly addressed within your estate plan.

Forgetting About Digital Assets

Many estates now include valuable online accounts and digital property.

Without proper planning, executors may not even know these assets exist, making them difficult, or in some cases impossible, to locate and administer.

Believing a Will Is Only About Money

One of the biggest misconceptions is that a will simply distributes property.

In reality, a properly prepared will creates a roadmap for administering your estate. It helps your executor understand your wishes, provides guidance during a difficult time, and often prevents uncertainty that could otherwise lead to delays or conflict.

Costs and Considerations

Preparing a comprehensive will generally costs far less than resolving problems created by an incomplete or poorly drafted one.

While the exact cost of preparing a will depends on your individual circumstances and the complexity of your estate, many people find that professional estate planning provides excellent long-term value.

A carefully prepared will may help:

• reduce legal disputes;

• simplify probate and estate administration;

• provide clearer guidance for your executor;

• protect minor children;

• minimize uncertainty for beneficiaries; and

• ensure your wishes are accurately documented.

Rather than viewing a will as a one-time expense, many people consider it an investment in protecting their family and preserving the estate they have spent a lifetime building.

When Should You Speak With an Estate Planning Lawyer?

Although every adult should consider preparing a will, professional legal advice is particularly valuable 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;

• you own property outside Alberta;

• you have beneficiaries outside Canada;

• you wish to establish a trust;

• you anticipate family disagreements;

• you wish to make unequal gifts; or

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

Even relatively straightforward estates often benefit from legal advice because an experienced estate planning lawyer can identify issues that are easy to overlook and tailor your will to your specific circumstances.

How Bridgestone Law Can Help

A well-prepared will does much more than distribute your assets. It provides clarity for your loved ones, guidance for your executor, and peace of mind that your wishes will be respected.

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 is tailored to your circumstances and complies with Alberta law.

Whether you are preparing your first will, updating an existing estate plan, planning for a growing family, or addressing more complex estate planning needs, our experienced team can help you create a comprehensive plan that protects the people and assets that matter most.