Testator (and Testatrix) in Alberta: What the Terms Mean
Table of Contents
Testator Definition
A testator is a person who makes a will. “Testatrix” is the older term for a female testator; most Alberta materials simply use testator.
Who can be a Testator in Alberta? (Basics)
18+ and mentally capable (some exceptions exist, e.g., member of Canadian Forces on active service may make a special will).
Understands property, obligations to dependants, and the effects of the will.
What a Testator decides in the Will
Names a personal representative (executor).
Sets out distributions (specific gifts and residue).
Chooses guardians for minor children.
Adds trust terms for minors/beneficiaries who need protection. (Government overview reinforces these purposes of a will. Alberta.ca)
Practical drafting tips (Calgary Context)
Keep asset lists and beneficiary addresses up to date.
Use clear residue clauses and alternates.
Address RRSP/TFSA/insurance beneficiary designations alongside your will.
Provide PR powers (sell, invest, delay distribution) to avoid bottlenecks.
Signing and Storing your Will
Follow Alberta execution rules for a formal will (proper witnesses, both present, not beneficiaries).
Store the original in a safe, known location; tell your PR where it is.
Consider a codicil for small changes; redo the will for big life changes.
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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
Does marriage or separation affect my will?
Relationship changes can impact gifts and PR appointments — review your will with a lawyer after major changes.
Can I handwrite my will?
Alberta recognizes holograph wills in certain circumstances, but they can cause problems; a formal will is safer.
Where should I keep the original?
Fireproof safe or a lawyer’s vault; tell your PR how to access it.
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