In Alberta, a will is considered legal if it meets specific requirements: it must be in writing, signed by the person making the will (the testator), and witnessed by two people who are not beneficiaries of the will.

Additionally, the testator must be at least 18 years old and of sound mind.

Alberta also recognizes holograph wills, which are entirely handwritten and signed by the testator, without the need for witnesses.

What Makes a Will Legal in Alberta?

Alberta’s legislation outlines clear criteria for a will to be recognized as legal, ensuring that the wishes of the deceased are honored accurately and lawfully.

Key Requirements for a Legal Will in Alberta

• Written Document: The will must be a written document, either typed or handwritten.
• Signature: The testator must sign the will at its end.
• Witnesses: Two witnesses must be present to witness the signing of the will. These witnesses must also sign the will, and they cannot be beneficiaries or the spouse of a beneficiary.
• Testator’s Capacity: The individual making the will must be at least 18 years old and have the mental capacity to understand the nature and effects of the will.
• Holograph Wills: Alberta recognizes holograph wills, which are entirely handwritten and signed by the testator, without the need for witnesses.

Special Considerations

• Pre-employment Medical Evaluations: Employers can request pre-employment medical evaluations under specific conditions, such as after making a conditional job offer, to assess a candidate’s ability to perform job duties.
• Absence for Medical Reasons: Employers may ask for medical information that confirms an employee’s absence is for medical reasons, provides an approximate return to work date, and relates only to the operation of the workplace and the employee’s job duties.
• Return to Work and Accommodation: When an employee returns to work after a medical absence, employers can request a doctor’s confirmation that the employee is fit to return and specify any necessary accommodations.

FAQs on Legal Wills in Alberta

Can I make a will without a lawyer in Alberta? Yes, you can make a will without a lawyer, but consulting one is recommended to ensure it meets all legal requirements and accurately reflects your wishes.

What happens if a will does not meet legal requirements in Alberta? A will that fails to meet Alberta’s legal requirements may be deemed invalid, leading to the estate being distributed according to the Wills and Succession Act as if no will existed.

Are digital signatures on wills accepted in Alberta? As of the latest information, Alberta requires a physical signature on wills, and digital signatures are not recognized for this purpose.

Can I appoint a guardian for my children in my will? Yes, in Alberta, you can appoint a guardian for your minor children in your will, which takes effect upon your death.

In Summary

• A legal will in Alberta must be written, signed by the testator, witnessed by two non-beneficiaries, and the testator must be of legal age and sound mind.
• Holograph wills, entirely handwritten by the testator, are also recognized.
• Ensuring a will meets these criteria is crucial for its validity and the proper execution of the testator’s final wishes.

Sources

• Willful: Explains the basics of creating a legal will in Alberta, including the requirements for the document to be considered valid. Willful on Wills in Alberta.
• Alberta Government: Provides official information on preparing wills in Alberta, highlighting the legal requirements and the importance of having a will. Wills in Alberta – Alberta Government.
• Osujismith Lawyers: Discusses what makes a will valid in Alberta, offering legal insights into the process and requirements. What Makes a Will Valid in Alberta? – Osujismith Lawyers.
• ClearEstate: Details the requirements for creating a legal will in Alberta, ensuring individuals understand how to properly prepare their estate documents. Requirements of Creating a Legal Will in Alberta – ClearEstate.