Types of Wills in Alberta Explained
Choosing the right type of will is critical for ensuring your wishes are accurately reflected, clearly understood, and legally enforceable in Alberta. At Mobile Wills Calgary, we help you understand the different types of wills in Alberta, allowing you to select the ideal will for your unique situation.
Below we clearly explain each type of will recognized in Alberta, their differences, and their specific benefits or limitations.
What is a Simple Will?
A simple will clearly states how you want your estate distributed after your death. It typically includes:
Naming your executor (personal representative).
Appointing guardians for minor children.
Clearly outlining who receives your assets and personal belongings without complicated terms.
Simple wills typically include basic testamentary trust provisions to manage inheritances for minor beneficiaries, clearly outlining at what age your beneficiaries receive their inheritance outright (often 18, 21, or 25).
Who Should Choose a Simple Will?
Individuals or families with straightforward assets.
People seeking clarity and simplicity in their estate planning.
Young families, professionals, and retirees looking for affordability and clarity.
Why Choose a Simple Will?
Cost-effective and efficient to create.
Easy to understand, update, and manage.
Reduces confusion and disputes for your loved ones.
Mirror wills are two separate simple wills specifically created by each partner or spouse, clearly reflecting identical or very similar terms. Typically, each partner’s will leaves everything first to the surviving spouse, then subsequently to other beneficiaries like children.
Are Mirror Wills Simple Wills?
Yes. Each mirror will is effectively a simple will, but the term “mirror wills” specifically clarifies that two wills reflect similar intentions.
Who Should Choose Mirror Wills?
Married or common-law couples with similar wishes.
Families seeking clear yet flexible estate plans.
Why Choose Mirror Wills?
Clearly documents shared intentions.
Each spouse retains flexibility to independently adjust their will if needed.
Avoids complications associated with mutual or joint wills.
Why Mobile Wills Calgary Does NOT Recommend Mutual or Joint Wills in Alberta
Mutual wills and joint wills, while legally permissible, place restrictive legal conditions limiting or preventing changes after one partner’s death. Mobile Wills Calgary strongly advises against mutual and joint wills because:
They significantly restrict your ability to change your will later on.
They often result in costly disputes and unintended legal complexity.
They reduce the flexibility to adapt your estate plan to changing life circumstances.
Instead, mirror wills are strongly recommended. They clearly document mutual intentions but maintain each partner’s independence and flexibility.
A holographic will is completely handwritten, signed, and clearly indicates your intentions without requiring witnesses.
While holographic wills are recognized in Alberta, Mobile Wills Calgary advises clearly against using them except as a temporary emergency measure, as they frequently lead to confusion, disputes, and legal challenges.
4. Advanced Testamentary Trusts (Specialized Estate Planning)
- While standard testamentary provisions for minors are included in your simple or mirror wills, more complex advanced testamentary trusts clearly require specialized estate planning services. These include:
Special Needs Trusts:
Protect inheritances and preserve eligibility for government assistance.Spendthrift Trusts:
Clearly structured to protect beneficiaries from financial mismanagement.Generation-Skipping Trusts:
Long-term trusts for estate planning across multiple generations.Condition-Specific Trusts:
Trusts activated by specific milestones or conditions, like educational or professional achievements.
Who Needs Advanced Testamentary Trusts?
Families managing substantial estates or complex situations.
Individuals with beneficiaries requiring special protection or long-term planning.
Advanced testamentary trusts require separate consultation and specialized drafting clearly beyond standard simple wills.
Clearly Choose Between the Types of Wills in Alberta (Quick Reference):
- Most Individuals & Families: Simple Will
- Couples (married or common-law): Mirror Wills (recommended)
- Complex Estate Needs: Advanced Testamentary Trusts (specialized service)
- Temporary Emergency Only: Holographic Wills
Mobile Wills Calgary clearly simplifies the estate planning process:
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Personalized consultations at your convenience (home, office, evenings, weekends).
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Professional drafting clearly compliant with Alberta law.
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Transparent, affordable pricing without hidden costs.
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Explicit recommendations and clear distinctions between simple, mirror, mutual, and complex wills.
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Estate Planning Essentials Clearly Reinforced:
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Regularly update your will after significant life events (marriage, birth, divorce).
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Clearly document assets, liabilities, and debts.
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Choose executors and guardians carefully; discuss their responsibilities clearly beforehand.
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Avoid DIY or handwritten wills except as short-term, temporary measures.
