Many Albertans intend to write a will “someday.” Life gets busy, the topic feels uncomfortable, and it’s easy to assume that the right people will inherit anyway. Unfortunately, when someone dies without a will, the law, not the family, decides who receives the estate and who manages it. The results can be very different from what the person would have wanted.
What It Means to Die Intestate
Dying without a valid will is called dying intestate. In Alberta, the Wills and Succession Act sets out a fixed formula for distributing the estate. The rules don’t consider personal relationships, promises made during life, or the needs of individual family members.
Who Inherits Under Alberta’s Intestacy Rules
The distribution depends on who survives the deceased. In general terms:
- If there is a surviving spouse or adult interdependent partner and no children, the partner receives the entire estate
- If all of the deceased’s children are also the surviving partner’s children, the partner generally receives the entire estate
- If the deceased had children from another relationship, the estate is typically divided between the surviving partner and the children
- If there is no partner, the estate goes to the children in equal shares
- If there is no partner or children, the estate passes to parents, then siblings, and then more distant relatives
Blended families are especially affected, since stepchildren who were never legally adopted do not inherit under these rules.
Common Problems When There’s No Will
No Chosen Executor
Without a will, no one has automatic authority to handle the estate. A family member must apply to the court to be appointed administrator, which adds time, cost, and sometimes conflict between relatives who want the role.
No Guardian for Minor Children
A will is the main place parents name a guardian for their children. Without one, the court may need to decide who will care for them.
Inheritances Held for Minors
When a child under 18 inherits without a will or trust in place, their share is typically managed by the Office of the Public Guardian and Trustee until they reach adulthood. At 18, they may receive the full amount, whether or not they’re ready to handle it.
Complications for Farms and Businesses
In rural areas around Barrhead, estates often include farmland, equipment, and operating businesses. Without a will, these assets may be divided among several heirs, making it difficult for the family member who actually runs the operation to keep it going.
Unmarried Partners and Intestacy
An unmarried partner only inherits under Alberta’s intestacy rules if they qualify as an adult interdependent partner. That generally requires living together in a relationship of interdependence for at least three years, having a child together, or signing an adult interdependent partner agreement. Couples who don’t meet these criteria may find the surviving partner receives nothing without a will.
What a Valid Will Can Do Instead
A properly drafted will lets you:
- Choose exactly who inherits and in what shares
- Name an executor you trust to manage the estate
- Appoint a guardian for minor children
- Create trusts so children inherit at an age you choose
- Plan for the future of a farm or business
- Leave gifts to friends, charities, or community organizations
Formal Requirements in Alberta
A typical Alberta will must be in writing, signed by the person making it, and witnessed by two adults who are not beneficiaries. Alberta also recognizes handwritten wills that are entirely in the person’s own handwriting and signed, but these are more likely to contain errors or unclear wording that lead to disputes.
Documents That Work Alongside a Will
A will only takes effect after death. A complete plan usually also includes:
- An enduring power of attorney for financial decisions if you lose capacity
- A personal directive for health and personal care decisions
- Beneficiary designations on life insurance, RRSPs, and TFSAs
Taking the First Step
Writing a will doesn’t have to be complicated. Start by listing your assets and debts, deciding who you want to inherit, and thinking about who you’d trust as your executor and as a guardian for your children.
Protecting your family’s future with a will is one of the most practical steps you can take, especially if you have young children, a blended family, or property you want to keep in the family. A Barrhead estate planning lawyer can review your situation, explain your options, and make sure your documents meet Alberta’s legal requirements.
When to Review an Existing Will
- After a marriage, separation, or divorce
- After the birth or adoption of a child
- When you buy or sell significant property
- When a named executor or beneficiary passes away
Checking in with a Barrhead estate planning lawyer every few years keeps your will current as your life changes.