Creating a will is an essential part of estate planning, but the process can be overwhelming.
One question that often arises is, “Are will kits legal in Alberta?”
Let’s answer that question comprehensively, providing you with the information you need to make an informed decision.
Are Will Kits Legal in Alberta?
Yes, will kits are legal in Alberta.
However, it’s crucial to ensure that the will kit you use complies with the Wills and Succession Act, the governing legislation for wills in Alberta.
Source: Wills and Succession Act
The Anatomy of a Will Kit
Will kits are designed to be user-friendly and typically include templates, guidelines, and sometimes even legal disclaimers.
While they offer a cost-effective way to draft a will, they are generic and may not cover all the legal nuances specific to your situation.
Types of Wills
- Standard Wills: These are typically prepared by legal professionals.
- Holographic Wills: These are handwritten wills that are legal in Alberta if entirely in your handwriting and signed by you.
- Online Wills: These are also legal in Alberta, provided they meet the signing and witnessing requirements.
Legal Risks and Pitfalls
Will kits are not foolproof.
They often come with disclaimers stating that they are not a substitute for professional legal advice.
DIY wills are also more susceptible to being challenged in court, particularly if there are ambiguities or inconsistencies.
Frequently Asked Questions about Wills and Will Kits in Alberta
- What are the requirements for a legal will in Alberta?
- A legal will must be in writing, signed by the testator, and witnessed by two individuals.
- What happens if I die without a will in Alberta?
- If you die without a will, Alberta’s intestate succession laws will apply, and your estate will be distributed according to a predetermined formula.
- Can I use a will kit for a complex estate?
- While you can use a will kit for a complex estate, it’s highly recommended to consult a legal professional.
- Is a will kit sufficient for assets outside Alberta?
- Will kits may not cover legal requirements for assets located outside Alberta or Canada.
- Can a will kit be revoked or altered?
- Yes, but any revocation or alteration must comply with the Wills and Succession Act.
Navigating the Legal Terrain: Additional Considerations
While will kits are convenient, they are not a substitute for professional legal advice.
For complex estates or specific legal situations, it’s advisable to consult a legal professional.
In Summary: Key Points to Consider about Will Kits in Alberta
- Will kits are legal in Alberta but must adhere to the Wills and Succession Act.
- They are generic and may not cover specific legal nuances or complexities.
- For complex estates or specific legal situations, professional legal consultation is advised.
