When creating a will in Alberta, it’s perfectly natural to have questions about the process. Wanting to know whether the will you intend to create will be valid in the event of your death is one such commonly asked question.

While will kits and other DIY options make it easy and cheap to create a will, they can also make it easy to miss legal requirements that may be important in Edmonton and across Alberta.

The safest and most convenient way to help ensure that you protect your rights and those of your loved ones by creating a valid will is to seek expert guidance from will lawyers in Edmonton. They can help ensure that your will meets your specific needs and desires, both personally and financially, whether you’re creating one from scratch or updating an existing one.

Let’s take a closer look at what’s generally required for a will to be valid in Alberta:

Eligibility

Whoever is creating the will is known as the testator, and at the time of its creation, they generally must be at least 18 and mentally competent.

Signatures and witnesses

A formal will needs to be signed by the testator in the presence of two witnesses, who must each also sign the will in the presence of the testator. Witnesses should not be named beneficiaries or spouses or adult interdependent partners of beneficiaries.

Language and execution

For a will to be considered valid by a court, it must contain clear gifting language and be executed properly. Having this checked by an estate lawyer is the best way to help ensure that the will meets the necessary requirements for language and execution.

Proof of signing

When a will is submitted for probate, proof that it was properly signed may be required. This is often provided through an affidavit of witness, which is an affidavit signed by one of the witnesses confirming that the proper signing formalities were followed.

Required and prohibited provisions

Certain elements, such as clear instructions for distributing estate assets, should be included in the will to help avoid confusion or disputes. Some provisions may also be unenforceable, such as illegal requests or instructions that cannot legally take effect.

Other important considerations

Major life events, such as marriage, divorce, separation, the birth of children, or changes in your assets, are all good reasons to review and update your will.

Also, should you make a new will, purposely destroy your existing will, or submit a written revocation, your previous will may be revoked.

What if your will is found to be invalid?

In the event of the testator passing away, their will may still be challenged by any involved party if the following is believed to be true:

· The testator was incapacitated at the time of signing.
· The testator was unfairly influenced when creating the will.
· Forgery took place.
· The document contains ambiguous language.
· The witnessing was improper.

There may also be other reasons for a will to be challenged, and if ruled invalid in court, intestacy laws may apply. These also apply should no will exist at all when a person dies, which can lead to unnecessary delays in distributing assets, legal and family disputes, or assets going to default heirs or unintended beneficiaries under legislation.

If you don’t yet have a will, now could be the ideal time to schedule a session with estate lawyers in Edmonton, who can help you protect your assets and any intended beneficiaries.

An invalid will can have significant legal consequences for your loved ones in the event of your passing. However, by having your will drafted, reviewed, and updated by a trusted local lawyer, you can feel more confident that it meets Alberta’s legal requirements and reduces concerns about its validity.