Simple Will (Alberta)by OLL

This template is for a single adult testator in Alberta making a simple will: outright gifts, one primary and one alternate executor, a residue clause, and — if applicable — the appointment of a guardian for minor children. Not suitable for use in Quebec.

Drafting notes appear in italics and are to be deleted before execution. Square brackets mark information to be filled in. Delete any inapplicable optional clauses and renumber before execution.

Before You Start — Guided Intake Screening

This is a guided template. Work through the screening questions below with the client before drafting. If any answer is "yes," this simple will is not the right instrument — say so plainly, do not adapt this template to try to cover it, and route the client to take independent legal advice instead.

Does the testator want to leave any gift in trust rather than outright (for example, staged distributions at set ages, a trust for a beneficiary with a disability, or a trust to manage funds for a minor beyond the bare holding arrangement at section 6)? → testamentary trust — out of scope.

Does the testator have a blended family (a current spouse or adult interdependent partner and children from a prior relationship, or a family situation where competing claims on the estate are likely)? → out of scope.

Does the testator own a business interest (a corporation, partnership interest, or sole proprietorship) that forms part of the estate? → out of scope — business succession needs its own drafting, and may also implicate buy-sell-succession.

Does the testator hold foreign assets (real property, accounts, or other significant assets outside Canada)? → out of scope — foreign assets can trigger a foreign jurisdiction's own succession law and tax rules.

Is the testator seeking to disinherit, or leave significantly less to, a spouse, adult interdependent partner, or dependant (including a minor or dependent child)? → do not proceed on this template alone; see the dependant's-support warning below and route to advice regardless of how the rest of the intake goes.

If none of the above apply, proceed. If any apply, stop the guided intake and do not generate this document — advise the client to consult a lawyer.

⚠️ This Will can still be challenged. A surviving spouse, adult interdependent partner, and in some circumstances a dependent child or other dependant, may be entitled to apply to a court for a share of, or support from, the estate regardless of what this Will says. Alberta's succession legislation addresses family maintenance and support claims of this kind. VERIFY the current statutory basis, the current test for who qualifies, and how it interacts with adult interdependent partner status, before this warning, or any statement of the rule, is treated as settled — the citation registry flags this as unconfirmed.

⚠️ Execution formalities require verification before every use. Alberta has its own signing and witnessing requirements, its own rule (or absence of one) for how marriage or becoming an adult interdependent partner affects an existing will, and its own approach to whether a court can validate a document that does not strictly comply with the formal execution requirements. VERIFY the current formality requirements, the current marriage/AIP rules described in section 2, and the current scope of any court validation power, before relying on any statement in this template as current law — the citation registry flags all of this as unconfirmed this session.

If the Testator has an existing will, confirm it is being fully replaced — this clause revokes it in its entirety. If only a partial change is intended, this is not the right document; a codicil (out of scope for this template) may be more appropriate.

Alberta recognizes "adult interdependent partner" (AIP) status for unmarried partners who meet the statutory test — commonly discussed as living together in a relationship of interdependence for a continuous period, having a child together while in such a relationship, or signing a written AIP agreement. AIP status can carry the same significance as marriage for family-maintenance and support claims against this estate. Do not assume an unmarried partner falls outside section 2 or outside the dependant's-support warning above. VERIFY the current qualifying test and period before advising a client either way — the citation registry flags this as unconfirmed.

This template provides for one primary and one alternate executor only. If the Testator wants co-executors, a trust company, or more than two named individuals in sequence, that is a more complex structure than this simple template is built for — take advice.

Delete this section if the Testator has no minor children, or if the other parent of the Testator's minor children is expected to survive the Testator and already has guardianship.

A guardian appointment in a will is a nomination, not a final court order — Alberta family law governs guardianship of children and a court retains authority to appoint someone else if satisfied that is in the child's best interests. Do NOT tell a client this appointment is automatically final or permanent. VERIFY the current governing statute and confirmation process before relying on this section — the citation registry flags this as unconfirmed.

List any specific gifts here. Delete this section entirely if the Testator wants everything to pass through the residue clause at section 7.

[Repeat 5.1 for each additional specific gift, renumbering as 5.2, 5.3, and so on.]

Keep specific gifts simple — a described item, an amount of money, or a named account or asset, to a single named beneficiary. A gift with conditions, staged timing, or a trust mechanism is out of scope for this template.

Include this section only if a beneficiary under section 5 or section 7 may be a minor at the time they become entitled. This is a bare holding arrangement to bridge the beneficiary to the age of majority — it is not a testamentary trust, has no staged distributions, and has no discretionary powers beyond holding and applying funds for the minor's benefit. If the Testator wants more than that, this template does not cover it — take advice.

Every simple will needs a residue clause that works even if every named beneficiary predeceases the Testator — otherwise part of the estate can pass under the intestacy rules despite the Testator having a will. Confirm section 7.2 (or a further alternate) covers that possibility before finalizing.

Confirm the current default survivorship approach under Alberta's succession legislation, and whether the Testator wants to adopt it as-is or specify a different period, before finalizing — do not assume Alberta's default matches another province's without checking.

⚠️ Do not rely on the attestation clause below as a substitute for confirming current formality rules. Alberta requires a will to be signed at its end by the Testator (or by another person in the Testator's presence and by the Testator's direction), in the presence of two witnesses present at the same time, who then also sign in the Testator's presence. A person who is a beneficiary under the Will, or who is married to or an adult interdependent partner of a beneficiary, generally should not act as a witness — doing so can jeopardize that beneficiary's gift. VERIFY the current witnessing rules, the current minimum testator age, and whether any court curative power applies to a defectively executed will, before this Will is executed — the citation registry flags the current formality rules as unconfirmed.

Complete this Schedule for reference. It does not form part of the operative Will and does not override the body — if the two conflict, correct whichever document does not reflect what the Testator actually signed, and note the correction in the review log.