P: (587) 287-2913
E: [email protected]
P: (587) 287-2913
E: [email protected]
Creating a will can feel overwhelming, especially if you’re unsure of the details involved. At Mobile Wills Calgary, we’ve answered the most frequently asked questions about wills clearly and thoroughly, specific to Alberta law. This FAQ helps you understand wills and estate planning better, ensuring your family’s future and your assets are protected.
A will is a legal document outlining exactly how you want your property and assets distributed after your death. In Alberta, a properly executed will ensures your wishes are followed, guardians are named for minor children, and an executor is clearly identified to manage your estate.
Any Alberta resident aged 18 or older who has assets (property, bank accounts, vehicles, valuables), dependents, or specific wishes regarding their estate distribution should have a legally valid will.
To be legally valid in Alberta, your will must:
Be in writing.
Be signed by you (the testator) at the end.
Be witnessed and signed by two individuals who are neither beneficiaries nor spouses/partners of beneficiaries.
Clearly reflect your testamentary intentions (wishes regarding asset distribution).
Yes, holographic (handwritten) wills are recognized in Alberta if fully handwritten, signed, and clearly express testamentary intent. However, they often lead to disputes or challenges due to unclear wording or incomplete details. Professionally prepared wills are generally safer and clearer.
Your executor (personal representative) manages your estate after death. Choose someone trustworthy, organized, financially responsible, and ideally residing in or near Calgary. Consider potential conflicts and clearly discuss this role with them beforehand. Always name an alternate in case your first choice is unavailable.
Your executor’s duties include:
Identifying, locating, and protecting your assets.
Paying debts and taxes.
Managing probate proceedings if required.
Distributing your assets according to your will.
Clearly name guardians for minor children in your will. Consider factors like:
The guardian’s relationship with your children.
Shared parenting values and lifestyle.
Guardian’s financial stability and capability to care for children.
Proximity (location) to avoid disrupting your children’s lives.
Always name alternate guardians in case your first choice cannot serve.
Accurately listing and valuing assets helps clarify your wishes and simplifies your executor’s job. Create an organized inventory clearly including:
Real Estate: Homes, rental properties, vacation cottages.
Financial Accounts: Bank accounts, RRSPs, TFSAs, investments.
Insurance Policies: Life insurance, critical illness, disability insurance.
Vehicles: Cars, RVs, motorcycles, boats.
Business Interests: Shares, partnerships, sole proprietorships.
Personal Valuables: Jewelry, art, heirlooms.
Digital Assets: Cryptocurrency, online accounts, cloud storage.
Regularly update this inventory, especially after major acquisitions or life changes.
Very clear and specific. Avoid vague language to prevent disputes or unintended interpretations.
Update your will after major life events such as:
Marriage, separation, divorce.
Birth or adoption of children.
Significant change in financial situation or asset acquisition.
Death of beneficiaries or executors.
Moving provinces or internationally.
Otherwise, review at least every three to five years for accuracy.
Yes, but never alter the original signed document by hand. Changes must be done legally through either:
A codicil (formal amendment clearly drafted, signed, and witnessed), or
A completely new will clearly stating it replaces the previous will.
They can be, but DIY kits often fail to address unique personal situations clearly and thoroughly. Errors in witnessing, ambiguous language, or unclear instructions often lead to disputes or even invalidation. Professional drafting ensures legality, clarity, and peace of mind.
Probate is the legal process confirming the validity of your will and your executor’s authority to distribute your estate. Probate is typically required in Alberta when:
Assets are solely owned by the deceased (e.g., real estate).
Banks or financial institutions require legal confirmation to release funds.
There’s potential for legal disputes or unclear documentation.
Keep your documents organized, secure, and accessible to your executor.
Regularly review beneficiary designations on insurance policies and registered accounts.
Clearly document debts, assets, digital assets, and liabilities to simplify executor duties.
Consider life insurance as an estate planning tool to manage tax liabilities or to equalize inheritances.
Mobile Wills Calgary makes will preparation clear, straightforward, and stress-free. We come directly to you at your preferred location and time, clearly and professionally guiding you through every step.
Convenient Mobile Service: Evening, weekend, home, or office visits.
Professional Calgary Lawyers: Experienced, legally compliant services.
Affordable, Transparent Pricing: No hidden fees, upfront clarity.
Comprehensive, Personalized Approach: Detailed, customized wills clearly reflecting your wishes.
