Live in Alberta

Making a legal will in Alberta

Wills in Alberta are governed by the Wills and Succession Act — and it disagrees with the other provinces on things that matter. Here is the whole picture: what makes a will valid here, what happens without one, what probate costs, and how to sign so it sticks.

Start your Alberta will Read the rules first

Figures below reviewed 4 August 2026 against the sources cited at the foot of this page. General information, not legal advice.

The short version

You must generally be 18 or older to make a will in Alberta.
You need 2 witnesses aged 18+who are not beneficiaries.
Handwritten wills are valid here. Electronic wills are not recognised.
Without a will: if all of your descendants are also your surviving spouse's or partner's, your spouse or partner inherits your entire estate. If any of your descendants are not theirs, they receive the greater of $150,000 or one half of the net estate.
Surrogate court fees: on a $600,000 estate, roughly $525.

What makes a will valid in Alberta

Under the Wills and Succession Act (SA 2010, c W-12.2), a valid formal will must be:

In writing. A recording or a video is not a will.
Made by someone 18 or older with the mental capacity to understand what they are signing. Under 18 you can still make a valid will in Alberta if you have a spouse or adult interdependent partner, or if you are a member of a component of the Canadian Forces on active service.
Signed by you at its end.
Witnessed by 2 people aged 18 or older, both present when you sign, who then sign in your presence.A gift left to a witness — or generally to a witness's spouse — is void, though the rest of the will stands.

Handwritten (holograph) wills

Section 16 of the Wills and Succession Act allows a holograph will — one written wholly in your own handwriting and signed by you, with no witnesses required. Valid, but much easier to contest than a witnessed will.

Electronic wills and remote witnessing

Alberta does not permit electronic wills. The Wills and Succession Act is silent on them, which means an electronically signed or electronically witnessed will is not valid here. Your Alberta will must be printed and signed in wet ink in front of two witnesses who are physically present.

Marriage, separation and your will

Alberta abolished revocation by marriage when the Wills and Succession Act came into force in 2012. Getting married does not cancel your existing will.

If you die without a will in Alberta

Where the preferential share applies, the remainder after it passes to your descendants. Where you leave a spouse or partner and no descendants, they inherit everything.

Common-law partners

Alberta recognises the adult interdependent partner, a category that does not exist elsewhere in Canada. An AIP — broadly, someone you have lived with in a relationship of interdependence for at least three years, or less if you have a child together or a signed AIP agreement — has the same rights on intestacy as a married spouse.

Beyond who inherits: nobody has authority to touch your accounts until a court appoints an administrator, money left to minor children is paid into court until the age of majority (18 here), and nothing goes to anyone outside your family tree — no friends, no stepchildren you did not adopt, no charities.The full intestacy picture.

Surrogate court fees in Alberta

When your executor applies to the court to confirm the will and their authority, Alberta charges. The schedule, under the Surrogate Rules, Alta Reg 130/1995, Schedule 2:

Estate value	Fee
Up to $10,000	$35
$10,000 – $25,000	$135
$25,000 – $125,000	$275
$125,000 – $250,000	$400
Over $250,000	$525

Alberta's fee is a flat amount per band and is capped at $525 no matter how large the estate. This is by far the cheapest probate regime of the three provinces we serve. The schedule has been in place since May 1, 2015.

Worked example: on a $600,000 estate, expect roughly $525.

While you are alive: Alberta's incapacity documents

A will only operates at death. If you lose capacity while alive, the documents that matter in Alberta are the Enduring Power of Attorney (money and property, from age 18) and the Personal Directive (health and personal care, from age 18), under the Powers of Attorney Act; Personal Directives Act. Witnessing: One witness, who must not be your attorney or your attorney's spouse or partner, and must not be someone who signs on your behalf.

Both are included in your EstateCanvas plan at no extra charge. How the incapacity documents work.

The thing to know about Alberta

Cheap to probate, but no electronic shortcuts

Alberta caps surrogate fees at $525, so probate cost is rarely a reason to plan around here — the reasons are guardianship, the adult interdependent partner rules, and family maintenance claims. The trade-off is formality: Alberta has not followed BC and Ontario on electronic or remote witnessing, so your will has to be signed on paper with two witnesses in the room with you.

What it costs here

$15 for a Alberta will, complete.

A lawyer-drafted simple will in Alberta commonly runs $400 to $1,200. The legal validity of the finished document is the same.

One will, one price

$29$15per will

Promotional price until October 31, 2026. Then $29. Nothing is charged until you have read your finished will and approved it.

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Everything is included

A complete last will and testament, drafted to your province's rules
Province-specific signing and witnessing instructions
Executors, backup executors, guardians and pet guardians
Specific gifts and percentage-based residue allocation
Funeral, burial and final-wishes instructions
Your estate record: assets, liabilities and uploaded documents
Read-only sharing with your executor
Free updates and re-downloads whenever life changes

There is no higher tier. Powers of attorney are not an upsell — they are part of the price.

Alberta questions, answered

Are online wills legal in Alberta?

Yes. Nothing in the Wills and Succession Act requires a lawyer to draft or witness a will. A will made online and signed according to Alberta's rules — 2 witnesses aged 18 or older, neither of whom is a beneficiary — is fully valid.

What happens if I die without a will in Alberta?

If all of your descendants are also your surviving spouse's or partner's, your spouse or partner inherits your entire estate. If any of your descendants are not theirs, they receive the greater of $150,000 or one half of the net estate. Where the preferential share applies, the remainder after it passes to your descendants. Where you leave a spouse or partner and no descendants, they inherit everything. Alberta recognises the adult interdependent partner, a category that does not exist elsewhere in Canada. An AIP — broadly, someone you have lived with in a relationship of interdependence for at least three years, or less if you have a child together or a signed AIP agreement — has the same rights on intestacy as a married spouse.

Can I write my will by hand in Alberta?

Can I sign my Alberta will electronically?

Does getting married cancel my Alberta will?

Alberta abolished revocation by marriage when the Wills and Succession Act came into force in 2012. Getting married does not cancel your existing will.

How do I name a guardian for my children in Alberta?

You can appoint a guardian for your minor children in your will under the Family Law Act. The appointment takes effect on your death and the court retains the ability to review it in the child's best interests.

Sources for this page

Reviewed 2026-08-04. Legislation changes; verify anything you are relying on. This page is general information about Alberta law, not legal advice about your situation.

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