The Wills and Succession Act Alberta: Comprehensive Guide
The Wills and Succession Act (WSA) is the cornerstone of estate planning in Alberta. Enacted in 2012, it consolidated several older statutes—the Wills Act, Intestate Succession Act, Survivorship Act and Dependants Relief Act—to provide a coherent set of rules for wills and estate distribution. This guide outlines what the act covers, how it affects your estate plan, and key considerations for Calgary families.
Table of Contents
Fundamental Principles of the WSA
The WSA is built on three main principles: (1) individuals are free to decide who will receive their property at death; (2) if a person leaves no instructions, their property is presumed to go to family members; and (3) any transfers on death must respect legal obligations and provide adequate support for dependants. Understanding these principles helps you tailor your will while ensuring it withstands legal scrutiny.
Major Changes Introduced by the Act
The WSA modernized Alberta’s succession laws. Some notable changes include:
Marriage no longer revokes a will. Under previous law, getting married would cancel an existing will. The WSA eliminates this automatic revocation.
Divorce or separation affects gifts to an ex‑spouse. After a divorce or a separation of at least one year, the ex‑spouse is treated as if they predeceased the testator.
Enhanced rights for adult children and minors. Adult children under 22 who are full‑time students and minors may apply to court for financial support from the estate.
Occupancy rights for surviving spouses or partners. A spouse or adult interdependent partner may remain in the family home for three months after the testator’s death.
Intestacy distribution rules updated. The act clarifies how estates without wills are distributed among surviving relatives and provides that ex‑spouses may be disinherited after two years of separation.
Court authority to validate or rectify wills. The WSA empowers courts to approve a will that does not meet all technical formalities or to correct an obvious mistake.
Structure of the Act
The WSA is divided into seven parts:
Survivorship – sets out rules when multiple deaths occur and determines who is deemed to have survived whom.
Wills – defines requirements for creating, revoking and altering wills and lists exceptions.
Distribution of Intestate Estates – explains how property is divided when there is no will.
Designation of Beneficiaries under Plans – covers naming beneficiaries for insurance, pensions and similar plans.
Family Maintenance and Support – permits certain dependants to apply for support from the estate.
General – includes rules on property election, obligations and liabilities.
Consequential Amendments – updates other statutes affected by the WSA.
Practical Tips for Calgary Families
Review your will after major life events. Because marriage no longer revokes a will, it is essential to update your will when you marry, divorce, have children or acquire significant assets.
Consider dependants’ needs. The law requires that dependants—such as minor children or adult children under 22 who are studying—receive adequate support. Ensure your will provides for them to avoid court intervention.
Use plain language and clear instructions. Courts now have the power to correct mistakes, but clarity reduces the risk of disputes. Seek professional help if your estate is complex.
Plan for intestacy. If you die without a will, the act directs your estate to your spouse, children or other relatives in specific proportions. To control who inherits and simplify administration, create a valid will.
Checklist: Updating Your Will
Gather personal information. List all dependants, beneficiaries and personal representatives.
Review your assets and liabilities. Include real estate, investments, pensions, digital assets and debts.
Decide on guardians for minor children. Name a guardian in your will to avoid uncertainty.
Specify gifts and residual distribution. Decide who will receive specific items (like family heirlooms) and who will share the remainder.
Choose backup personal representatives. Appoint alternates in case your first choice is unable or unwilling to act.
Update beneficiary designations. Ensure life insurance and pension designations align with your will.
Sign and store your will properly. Make sure the will is witnessed according to law and keep it in a safe place. Tell your personal representative where the original is stored.
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Disclaimer: This guide provides general information about estate planning in Alberta and should not be considered legal advice. Every situation is unique, and you should consult with a qualified estate planning lawyer to discuss your specific circumstances. Laws and regulations can change, so ensure you’re working with current information when making estate planning decisions.
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Frequently Asked Questions: Wills and Succession Act Alberta
Does getting married automatically cancel my will in Alberta?
No. Unlike old legislation, the WSA does not revoke a will upon marriage. You should still review your will after marriage to ensure it reflects your current wishes.
Can I leave nothing to my spouse or partner?
You can attempt to exclude a spouse, but the act gives spouses and adult interdependent partners the right to apply for support from the estate if adequate provisions are not made.
What happens if I die without a will?
Your estate will be distributed under the intestacy rules in the WSA. Depending on your surviving relatives, your spouse, children or parents may receive shares. Without a will, you lose control over who inherits.
Can the court fix mistakes in my will?
Yes. The WSA allows courts to validate a document that doesn’t comply with formal requirements or rectify an obvious error.
Do stepchildren have rights under the WSA?
Stepchildren are generally not entitled to inherit unless you include them in your will. If they are dependants who relied on you for support, they may apply for maintenance under the act’s family support provisions.
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