How to Write a Valid Will in Alberta

A retired oil-sands engineer in Sherwood Park dies at 76, leaving a single sheet of paper found in his desk drawer — three short paragraphs entirely in his handwriting, signed at the bottom, distributing his estate between his two adult children and a local food bank. No witnesses. No lawyer. In British Columbia, that document would need a court application to be treated as a will. In Alberta, it is a holograph will under section 16 of the Wills and Succession Act and can be probated as written.^[1]

Alberta sits between Ontario and BC in its will rules. Holograph wills are valid the way they are in Ontario. Substantial compliance is available under section 37 the way it is in BC and Ontario — but more conservatively applied. This guide covers what an Alberta will needs to be valid, how the two formal categories work, the curative power, and what should be in the document itself.

The legal floor: age and capacity #

The general minimum age for an Alberta will is 18. The Wills and Succession Act preserves narrow exceptions for testators who are or have been married and members of the Canadian Forces on active service, and the court can authorize a specific will for a minor in limited circumstances. Outside those situations, a document signed by anyone under 18 generally has no legal effect.

Mental capacity follows the Banks v Goodfellow framework Canadian courts apply across the common-law provinces — the testator has to have understood that they were making a will, the general nature of their property, the people who might reasonably expect to inherit, and the effect of the gifts. Capacity is assessed at the moment of signing.

Format 1: Formal (attested) will (section 15) #

Section 15 of the Wills and Succession Act sets out three requirements:^[1]

1. The will is in writing.
2. The testator makes or acknowledges their signature in the presence of two witnesses who are both present at the same time.
3. Each of the witnesses signs the will in the presence of the testator.

Two practical points:

• Both witnesses must be present at the same time when the testator signs (or acknowledges). Witnessing on two separate occasions does not satisfy section 15. The section 37 curative power may rescue a botched signing — but the cost and uncertainty of a curative application make this a poor planning strategy.
• Witnesses do not need to witness each other signing. They must both witness the testator's signature, and each must sign in the testator's presence. The Act does not require the second witness to watch the first sign.

Format 2: Holograph will (section 16) #

Section 16 allows "a writing that is wholly in the testator's own handwriting and signed by the testator without the presence or signature of a witness or any other formality."^[1]

Three things to know:

• The text has to be entirely in the testator's handwriting. A printed form with handwritten additions, a typed will signed in handwriting, or a hybrid document does not generally qualify as a holograph. Alberta courts have taken a strict line on the handwriting requirement.
• The signature is required. The Wills and Succession Act does not prescribe placement, but case law generally requires the signature to be positioned in a way that shows it was intended to authenticate the entire document.
• No witnesses are required.

Alberta holograph wills probate, but the court generally requires an affidavit confirming the document is in the testator's handwriting and was intended as a will. Holograph wills are appropriate for emergencies — they should not be the long-term plan when a formal will is available.

Format 3: Military testators (section 17) #

The Act preserves a separate category for active-duty military members that relaxes formalities further. Rarely relevant for civilian planning.

Section 37 — the curative power #

Alberta's substantial-compliance provision is section 37 of the Wills and Succession Act. The Court of King's Bench can make an order that a writing is valid as a will, or as a revocation of a will, despite not meeting the section 15, 16, or 17 requirements — if the court is satisfied on clear and convincing evidence that the writing:^[1]

• sets out the testamentary intentions of the testator, and
• was intended by the testator to be their will or a revocation of their will.

Alberta is statutorily a substantial-compliance jurisdiction, but its courts have applied section 37 more conservatively than BC has applied WESA section 58.^[2] The signature requirement is one specific limit — the curative power does not waive the need for the testator to have signed the document, even if other formalities were missed.

A section 37 application is a backstop, not a strategy. It is expensive, the standard of proof is high, and the outcome is uncertain.

Witness rules — who can sign #

Witnesses must be at least 18, mentally capable, and not the testator themselves. Section 21 of the Wills and Succession Act voids a gift in favour of a person who acted as a witness, or in favour of a witness's spouse or adult interdependent partner, while leaving the rest of the will valid.^[1] The court has limited discretion to order the gift be paid if it is satisfied no improper influence was exercised, but the safe rule remains the obvious one — never let a beneficiary, or a beneficiary's partner, witness the will.

Independent adult witnesses (neighbours, coworkers, the lawyer's office staff) are the standard choice.

What an Alberta will needs in substance #

The execution formalities are only half of the work. The contents matter as much:

• A personal representative (Alberta uses this term in place of "executor") and at least one alternate. The personal representative handles probate, gathers assets, pays debts, files the deceased's final T1, and distributes the residue per the will.
• A guardian for any minor children, and a trustee for any inheritance left to them.
• A residuary clause catching anything not specifically named.
• Specific bequests for items that matter — the family cabin, the wedding ring, the business shares.
• A backup if a beneficiary dies before you — typically a per stirpes instruction.
• Funeral and final-disposition wishes at a high level.

Things to leave OUT of the will: PINs, passwords, exact account numbers, sensitive operational details. The will is part of the public probate record once granted; operational details belong in a separate document held by the executor.

Adult interdependent partners — Alberta's unusual feature #

Alberta is one of the few provinces that recognizes adult interdependent partners (AIP) — a statutory category broader than common-law spouse, defined under the Adult Interdependent Relationships Act. An AIP has standing for family maintenance and support claims under the Wills and Succession Act and is treated as a spouse-equivalent for some inheritance purposes, including section 21's witness-beneficiary rule.

The practical drafting consequence: a will-maker with an AIP should name them explicitly in the will rather than rely on the AIP statute to fill gaps. Intestacy rules for AIPs exist but are not identical to spouse rules, and an explicit gift removes ambiguity.

Updating an Alberta will #

Marriage no longer revokes a will in Alberta since the Wills and Succession Act came into force in 2012. A will-maker who marries after the will is signed keeps the same will in effect — though marriage is a major life event that warrants a review.

Divorce in Alberta generally revokes gifts to a former spouse, treating the former spouse as having predeceased the will-maker. The rest of the will stays valid. Similar rules apply to the termination of an adult interdependent partnership.

The standard review cycle is every three to five years and after major life events: marriage, divorce, birth or adoption of a child, the death of a beneficiary, sale or purchase of major property, or significant change in the family or financial situation.

Where Alberta wills go to be stored #

Alberta does not maintain a central registry of unprobated wills. Common storage choices:

• The drafting lawyer's vault (most lawyers offer this at no charge)
• A safety deposit box (with arrangements for the executor to access it after death)
• A fireproof home safe with the executor told the location
• Provincial law society programs (varies by region)

The Surrogate Court will not probate a missing will. If only a copy exists, the court typically requires affidavit evidence about why the original is missing and how the copy was prepared. Tell your personal representative exactly where the original is.

What we focus on at It's Simple Will #

The Will Creator at app.itssimplewill.ca generates an Alberta-compliant will. The execution instructions walk the section 15 sequence — sign in the presence of two non-beneficiary adult witnesses at the same time, both witnesses signing in your presence. The will is paired with an affidavit of execution template.

Alberta's section 37 curative power is a useful safety net, but it is not the goal. A will that gets the formalities right the first time costs nothing extra, stays out of court, and protects the people you are trying to provide for.

Related reading: how to write a will in Canada, dying without a will in Canada, and what is probate in Canada.