1. Why Updating Your Will Is So Important

2. What Does Alberta Law Say?

3. Major Life Events That Should Prompt You to Update Your Will

4. Review Your Will Every Three to Five Years

5. Common Mistakes People Make

6. Costs and Timelines

7. When Should You Speak With an Estate Lawyer?

Introduction

Preparing a will is one of the most important steps you can take to protect your family and ensure your wishes are carried out after your death. However, creating a will is not a one-time event. As your life changes, your will should change with it.

Many people prepare a will when they purchase their first home, get married, or have children. They then file it away, believing their estate plan is complete. Years—or even decades—pass without another thought. During that time, families grow, relationships change, assets increase, businesses are bought or sold, grandchildren are born, and trusted executors may move away, become unable to act, or pass away themselves.

An outdated will can create uncertainty, increase the risk of disputes, and make estate administration more difficult than it needs to be. In some cases, it may no longer reflect your intentions at all.

Regularly reviewing your will helps ensure that your estate plan continues to protect the people who matter most and accurately reflects your current wishes.

Short Answer

In Alberta, you should review your will whenever a significant life event occurs and, even if nothing major has changed, every three to five years.

Common reasons to update your will include getting married, separating or divorcing, welcoming children or grandchildren, buying or selling property, starting or selling a business, receiving an inheritance, experiencing significant changes in your financial circumstances, or deciding to appoint a different executor.

Keeping your will up to date helps ensure your estate is distributed according to your current wishes and can reduce the likelihood of confusion, delays, or disputes after your death.

Why Updating Your Will Is So Important

Your will is a snapshot of your life at a particular moment in time.

When you first signed it, the people you trusted, the property you owned, and the relationships that mattered most were accurately reflected in the document. Years later, that same will may no longer tell the full story.

Imagine preparing a will at age thirty-five when your children are toddlers, your mortgage is substantial, and your estate consists primarily of your family home and a few investment accounts.

Twenty years later, your mortgage has been paid off, your children are independent adults with families of their own, you have accumulated significant investments, perhaps purchased a vacation property, and one of your original beneficiaries has passed away. The executor you appointed has retired overseas, and your family circumstances have changed dramatically.

Although your original will may still be legally valid, it may no longer be the best reflection of your intentions or your family's needs.

Reviewing your will periodically allows you to ensure that it continues to work as intended and avoids placing unnecessary burdens on your loved ones during an already difficult time.

What Does Alberta Law Say?

In Alberta, wills are primarily governed by the Wills and Succession Act.

The legislation sets out the legal requirements for making, revoking, and altering a valid will. While your will generally remains valid until it is revoked or replaced, changes in your personal circumstances can significantly affect whether it continues to achieve your estate planning goals.

Rather than making handwritten changes to your existing will, which may create uncertainty or unintentionally invalidate portions of the document, updates should generally be made by preparing either:

• a new will, which replaces the previous one in its entirety; or

• a codicil, which is a formal legal document used to amend specific provisions of an existing will.

Whether a codicil or a completely new will is more appropriate depends on the nature and extent of the changes. For relatively minor amendments, a codicil may be sufficient. However, where there have been several significant life changes or multiple revisions over the years, preparing a new will is often the clearer and more practical approach.

An estate planning lawyer can help determine which option is best suited to your circumstances and ensure that any changes comply with Alberta law.

Major Life Events That Should Prompt You to Update Your Will

Life rarely stays the same for long. Families grow, careers evolve, assets change, and relationships develop over time. Each of these changes can affect whether your current will still reflects your wishes.

While not every life event requires a new will, the following circumstances are among the most common reasons to schedule a review with your estate planning lawyer.

Marriage

Getting married is one of the most significant milestones in a person's life, and it is also one of the most important times to review your estate plan.

Although Alberta's Wills and Succession Act no longer automatically revokes a will upon marriage, a will prepared before your marriage may no longer reflect your new priorities.

For example, you may wish to:

• provide for your spouse;

• appoint your spouse as your executor;

• update beneficiaries;

• include provisions for future children;

• reconsider charitable gifts; or

• protect assets brought into the marriage.

Even if your existing will remains legally valid, it may not achieve the outcome you would choose today.

Practical Example

Michael prepared a simple will in his twenties, leaving everything equally to his parents and naming his brother as executor.

Ten years later, he marries and purchases a home with his wife. Although his old will remains legally effective, it no longer reflects the people he intends to protect. Updating his will allows him to provide for his spouse, appoint her as executor, and ensure his estate plan reflects his current family.

Separation or Divorce

The end of a relationship is another important reason to review your will.

While Alberta law contains provisions that may affect gifts to a former spouse in certain circumstances, relying on those provisions instead of updating your estate plan can create unnecessary uncertainty.

Following a separation or divorce, you may wish to:

• remove your former spouse as executor;

• change beneficiaries;

• appoint guardians for minor children;

• revise trusts;

• adjust distributions to reflect your current financial circumstances; and

• review beneficiary designations on insurance policies and registered accounts.

Many people focus on updating financial accounts and property ownership after separation but overlook their will entirely.

Reviewing your estate plan after a relationship ends helps ensure it reflects your new circumstances.

The Birth or Adoption of a Child

Few life events change your priorities as dramatically as becoming a parent.

While your child may have legal rights regardless of whether they are specifically named in your will, your estate plan should still be reviewed after the birth or adoption of a child.

You may wish to:

• appoint a guardian for your minor children;

• establish trusts until children reach an appropriate age;

• determine how your estate should be divided among multiple children;

• provide flexibility if additional children are born in the future; and

• update your executor appointment.

For many parents, appointing guardians is every bit as important as deciding who will inherit their assets.

The Birth of Grandchildren

As families grow, many people wish to include grandchildren in their estate planning.

You may choose to:

• leave specific gifts;

• establish education trusts;

• divide your estate by family branch rather than by individual beneficiary;

• include future grandchildren born after your will is signed; or

• revise existing distributions.

Even if you decide not to leave assets directly to your grandchildren, their arrival often prompts a broader review of your estate plan.

Purchasing or Selling Real Estate

Your home is often one of your most valuable assets.

Whether you purchase your first home, acquire recreational property, inherit farmland, or sell significant real estate, your will should be reviewed.

For example, your will may currently state that:

• one child receives your residence;

• your cottage is left equally to your children;

• a rental property is to be sold; or

• all real estate is to form part of the residue of your estate.

If your real estate holdings change significantly, these provisions may no longer make sense.

Practical Example

Sandra's will specifically leaves her Calgary home to her son.

Several years later, she sells the property and purchases a condominium. She also buys a vacation property in British Columbia.

Without updating her will, uncertainty may arise regarding whether her son should receive the condominium, the vacation property, or only the proceeds from the original house that no longer exists.

A review allows Sandra to clearly express her intentions and avoid unnecessary confusion.

Starting or Selling a Business

Business owners should review their wills regularly.

A business often represents a substantial portion of an estate and raises unique planning considerations.

You may need to address:

• who will inherit the business;

• whether the business should be sold;

• succession planning;

• shareholder agreements;

• corporate reorganizations;

• tax planning; and

• management during estate administration.

Business ownership is one of the situations where estate planning and tax planning frequently intersect, making professional legal and accounting advice particularly valuable.

Receiving an Inheritance or Significant Increase in Wealth

An inheritance, successful investment, property acquisition, or other substantial increase in wealth may dramatically change the size and complexity of your estate.

As your assets grow, your estate plan may also need to evolve.

You may decide to:

• create additional trusts;

• make charitable gifts;

• adjust distributions among beneficiaries;

• include tax planning strategies where appropriate;

• provide for future generations; or

• revisit your executor appointment to ensure they are capable of administering a larger, more complex estate.

Estate planning that was entirely appropriate for a modest estate may no longer meet your objectives after your financial circumstances change.

The Death of a Beneficiary

One of the most overlooked reasons to update a will is the death of someone you intended to benefit from your estate.

In some circumstances, Alberta law contains provisions that determine what happens when a beneficiary dies before the person who made the will. However, those rules do not apply in every situation, and the outcome may not reflect your intentions.

Reviewing your will after the death of a beneficiary allows you to decide exactly how you would like that share of your estate to be distributed.

You may choose to:

• leave the gift to the beneficiary's children;

• redistribute it among your remaining beneficiaries;

• make a charitable gift instead; or

• provide entirely different instructions.

Updating your will removes uncertainty and helps ensure your wishes remain clear.

The Death or Incapacity of Your Executor

Choosing the right executor is one of the most important parts of preparing a will. However, circumstances can change over time.

The person you appointed years ago may have:

• passed away;

• developed health concerns;

• moved overseas;

• become unwilling to act; or

• simply no longer be the best person for the role.

If your will names alternate executors, the transition may be relatively straightforward. However, if no alternate has been appointed, additional court applications may be required before another person can administer your estate.

Whenever there is a significant change involving your executor, your will should be reviewed.

Practical Example

When Robert prepared his will, he appointed his older brother as executor because he was financially organized and lived nearby.

Fifteen years later, his brother has developed serious health issues and is no longer able to manage complex financial matters. Robert's two adult daughters are now experienced professionals who would be well suited to the role.

By reviewing and updating his will, Robert appoints one daughter as executor and the other as alternate executor, ensuring his estate can be administered efficiently if something happens to him.

Changes in Family Relationships

Families naturally change over time.

Relationships strengthen, drift apart, or sometimes break down altogether. New family members become an important part of your life, while others may no longer play the role they once did.

Your will should reflect your current intentions—not the circumstances that existed decades ago.

You may wish to review your will if:

• a beneficiary has become financially independent;

• a relationship with a family member has significantly changed;

• you wish to recognize someone who has become an important part of your life;

• you have become estranged from a beneficiary; or

• family dynamics have changed in ways that affect your estate planning goals.

While decisions involving family members can be difficult, keeping your will current helps reduce uncertainty and minimizes the likelihood of misunderstandings after your death.

Children Reaching Adulthood

Many parents prepare their first wills while their children are young.

These wills often include provisions that:

• appoint guardians;

• establish trusts for minor children;

• delay inheritances until a certain age; and

• authorize trustees to manage funds on the children's behalf.

As children become adults, these provisions may no longer be appropriate.

For example, you may decide that your adult children are now capable of receiving their inheritance outright. Alternatively, you may still prefer to stagger distributions over time or continue using trusts to provide long-term asset protection.

Reviewing your will at different stages of your children's lives helps ensure your estate plan continues to reflect their needs and your wishes.

Blended Families

Estate planning becomes significantly more complex when spouses or partners have children from previous relationships.

Many blended families assume that a simple will leaving everything to the surviving spouse will eventually benefit all of the children. Unfortunately, this may not always happen.

If the surviving spouse later changes their own will, remarries, or experiences changes in financial circumstances, the ultimate distribution of assets may differ from what was originally intended.

If you have a blended family, your estate plan should be reviewed regularly to ensure it continues to achieve your objectives while balancing the interests of your spouse, children, and stepchildren.

This is an area where personalized legal advice is particularly valuable because every family's circumstances are unique.

Moving Into or Out of Alberta

Although wills prepared in another Canadian province are often recognized in Alberta, moving between provinces is an excellent opportunity to review your estate plan.

Each province has its own legislation governing estate administration, family property, probate procedures, and succession law.

Similarly, if you move from Alberta to another jurisdiction, your lawyer should review your estate planning documents to ensure they continue to comply with local legal requirements.

If you acquire property outside Alberta—or outside Canada—additional planning may also be appropriate.

Changes to Charitable Giving

Over time, your charitable interests may evolve.

Perhaps you have become involved with a new organization, wish to establish a scholarship, support your place of worship, or leave a legacy gift to a cause that has become important to you.

Reviewing your will allows you to:

• add new charitable beneficiaries;

• revise existing gifts;

• remove charities that no longer reflect your wishes; or

• create a lasting charitable legacy as part of your estate plan.

Even relatively small charitable gifts can have a meaningful impact while still allowing you to provide for your loved ones.

Review Your Will Every Three to Five Years

Even if nothing significant appears to have changed, reviewing your will every three to five years is a sensible estate planning habit.

Sometimes the most important changes occur gradually rather than through a single major life event.

For example:

• your assets may have increased substantially;

• tax laws may have changed;

• beneficiaries may have relocated;

• your executor may have retired;

• your family relationships may have evolved; or

• your priorities may simply be different than they were several years ago.

A periodic review provides an opportunity to confirm that your will still reflects your wishes and continues to work alongside your other estate planning documents, such as your

Enduring Power of Attorney and Personal Directive.

Many reviews result in no changes at all—and that is perfectly acceptable. The value lies in knowing your estate plan has been considered and remains appropriate for your current circumstances.

Common Mistakes People Make

Updating a will is often straightforward, but several common mistakes can create unnecessary complications.

Assuming an Old Will Still Reflects Your Wishes

Many people prepare a will and never look at it again.

Years later, they are surprised to discover that it names an executor who has passed away, leaves assets they no longer own, or does not include grandchildren or other important family members.

Regular reviews help prevent these issues.

Making Handwritten Changes

Some people attempt to cross out names or write new instructions directly on their signed will.

While this may seem like a quick solution, handwritten alterations can create uncertainty and may not be legally effective unless they comply with Alberta's legal requirements.

Rather than altering an existing will yourself, consult an estate planning lawyer about preparing a properly executed codicil or a new will.

Forgetting About Other Estate Planning Documents

Your will is only one part of your overall estate plan.

When reviewing your will, you should also consider whether your:

• Enduring Power of Attorney;

• Personal Directive; and

• beneficiary designations on life insurance, RRSPs, RRIFs, TFSAs, and pension plans

continue to reflect your wishes.

These documents should work together to create a coordinated estate plan.

Not Informing Your Executor

If you appoint a new executor, it is generally good practice to let them know.

You do not need to discuss every detail of your estate plan, but your executor should understand that they have been appointed and know where your original will is stored.

This simple conversation can save considerable time and confusion in the future.

Costs and Timelines

Updating your will is often much simpler and less expensive than people expect.

In many cases, the process involves meeting with your estate planning lawyer to discuss what has changed since your last will was prepared. Depending on the extent of the revisions, your lawyer may recommend preparing either a codicil or a completely new will.

For relatively minor changes, such as appointing a different executor or updating a charitable gift, a codicil may be appropriate. However, if your circumstances have changed significantly or your existing will has been amended several times, preparing a new will is often the clearer and more effective solution.

There is no legal requirement to update your will within a specific period after a life event. However, delaying necessary updates can increase the likelihood that your estate plan no longer reflects your wishes.

For most people, reviewing a will every three to five years—and after any major life event—is sufficient to keep their estate plan current.

Bridgestone Law - Wills & Estate Planning Fees

When Should You Speak With an Estate Lawyer?

While some updates may appear straightforward, changes to your estate plan often affect much more than simply replacing a name or changing a beneficiary.

You should consider speaking with an estate lawyer if:

• you have married, separated, or divorced;

• you have children or grandchildren;

• you own a business or professional corporation;

• you have acquired significant assets or investments;

• you have purchased property outside Alberta;

• your executor has died or is no longer able to act;

• you have a blended family;

• you wish to establish or revise trusts;

• your charitable intentions have changed; or

• it has been several years since your will was last reviewed.

An estate lawyer can review your entire estate plan, identify issues that may not be immediately obvious, and ensure your will continues to achieve your objectives while complying with Alberta law.

How Bridgestone Law Can Help

Life changes, and your estate plan should change with it.

At Bridgestone Law, we regularly assist individuals and families throughout Calgary and Alberta with reviewing and updating their wills to reflect changing circumstances. Whether you have recently married, welcomed a new child or grandchild, purchased property, started a business, or simply have not reviewed your will in many years, we can help ensure your estate plan continues to protect the people and priorities that matter most.

Our lawyers take the time to understand your current circumstances, explain your options in clear language, and recommend practical solutions tailored to your goals. Where appropriate, we can also review your Enduring Power of Attorney, Personal Directive, and beneficiary designations to ensure your entire estate plan works together.

Keeping your will current provides clarity for your loved ones, helps reduce the risk of future disputes, and gives you confidence that your wishes will be carried out as intended.