Lega Wills

L
R
C
Legal Resource Centre
#201 10350 – 124 Street
Edmonton, AB T5N 3V9
Phone: 780.451.5285
Fax: 780.451.2341
Legal
Resource
Centre
You should not rely on this
booklet for legal advice. It
provides general information on
Alberta law only.
Free
in Alberta
Will
Updated September 2008
Contents
1. What is it? General information about Wills ...........................................................................2
2. How do I make one? Top 10 Questions about Creating a Will...............................................5
3. What goes in it? Top 15 Questions about the Contents of a Will..........................................8
4. When does it get reviewed? Top 5 Questions about Reviewing and Updating Wills.... 13
5. What happens with it? Top 10 Questions about the Administration of Wills.................. 15
6. How does it end? Top 5 Questions about how a Will stops having effect........................ 17
7. What do the Words Mean? Glossary....................................................................................... 18
8. Where can I get more help? Community Resources............................................................. 19
This booklet is for people who are wondering if they should write a Will.
It explains what is involved in making a Will. The purpose of writing a Will
is to pass on your belongings to your loved ones according to your wishes
and with as few problems as possible. If you die without a Will, it’s often
more costly, complicated, and time-consuming to settle your estate, and
this booklet describes some common examples. It gives general information
only, not legal advice. It is not a do-it-yourself guide. For that, you need a
more detailed self-help publication or legal advice. See the last few pages of
this booklet for information on where to get this help.

2
The property in your estate is first used to pay
debts and taxes, and then it is distributed in
accordance with the instructions in your Will.
1.1
What is a Will?
The dictionary defines a Will as the legal statement of a
person’s last wishes about how to divide his or her property
after death.The property that is distributed as per the
instructions in a Will is known as the “estate”. When you
make a Will, you are known as the testator (or testatrix
if female).The person you put in charge of carrying out
your wishes as expressed in the Will is called an Executor/
Executrix.
A Will does not take effect until you die.Therefore,
if you specify in your Will that you leave certain property
to someone — for example, a diamond bracelet to your
sister or a lake lot to your brother — you may still dispose
of that property during your lifetime. You may sell it or
mortgage it or deal with it in any way you choose. If that
item is no longer in your possession at the time of your
death, then the Will is interpreted as if that property did
not exist. Of course, you may also change your Will at any
time.
In Alberta, and in every province in Canada, a Will
must be in writing. Other requirements differ, depending
on the type of Will.
There are three different types of Wills:
ones drawn up by a lawyer;•
ones that you can complete yourself by filling in forms•
that you can obtain at any stationery store; and
ones that you handwrite completely by yourself. Ones•
that you handwrite are called holograph Wills.They
are legal in Alberta, Manitoba, and Saskatchewan, but
they are not allowed in other provinces in Canada.
1.2
What is my“estate”?
The property that you own at the time of your death
and which is distributed as per the instructions in your
Will, is known as your “estate”.The property in your
estate is first used to pay debts and taxes, and then it is
distributed in accordance with the instructions in your
Will.
Property that does not flow through your Will does
not form part of your estate. For example:
property such as land, a house, and bank accounts for•
which the registered owners are described as “joint
tenants”.This kind property transfers to the remaining
joint tenant(s) when you die. Note: On the other hand,
property for which the registered owners are described
as “tenants in common” does flow through your estate.
RRSPs, pensions, life insurance policies for which you•
have designated a beneficiary other than your estate.
Consider the following scenarios.
In 1999 you signed a designation of beneficiary»»
form leaving the death benefit of your pension
plan to your sister. In 2006 you then wrote a Will
but did not mention your pension plan.The death
benefit will go directly to the named beneficiary
(your sister) and will not form part of your estate.
No part of the funds can be used to pay the debts
of your estate.
On the other hand, in 1999 you signed a»»
designation of beneficiary form leaving the death
benefit of your pension plan to your sister. In 2006
you then wrote a Will and in that Will you did
make other arrangements for this benefit (you left
it to your brother).The death benefit will form
part of your estate (meaning that it can first be
used to pay debts, and what remains of it will go
to your brother.
As a result, it is very important to be careful and stay
consistent when dealing with property for which you can
designate a beneficiary other than in your Will.
1. What is it?
General information about Wills

3
Your Executor is the person you name to carry out the instructions in your will.
1.3
What is an Executor?
An Executor is the person named in a Will to carry out
the directions contained in that Will.The Executor is
responsible for settling the person’s affairs after death.
The person’s estate (everything he or she owned) passes
temporarily to the Executor.The Executor locates all of
the person’s assets, pays the funeral costs, debts and taxes,
and then distributes the remaining money and property
according to the instructions in the Will.
The Executor is accountable to the beneficiaries. For
example, the Executor must let the beneficiaries know
if or when he or she is applying for probate and must
keep records and give all beneficiaries a final statement of
accounts.
1.4
Do I have to make a Will?
No – it is optional and voluntary. While it is very important
to consider making one, you don’t have to, and no one can
make you sign one if you do not want to do so.
Making a Will just makes things clearer when you die
as it helps to ensure that that things you own go to the
people you want to have them. A Will is also useful for the
people who outlive you, as they can feel certain that they
are carrying out your final wishes.
1.5
Why should I make a Will?
It is a good idea for everyone to have a Will. Illness
or accident could claim any of us at any time. People
often have more assets than they think. For example,
life insurance and pension benefits may be payable to
an estate, or sometimes credit card contracts include
accidental death benefits if airline tickets are booked on
the card. Even if you don’t have many assets, a Will is the
only way to control who gets what you do have.
Anyone with children should make a Will so that they
can recommend a guardian for the children, and wishes
about their financial needs and their upbringing can be
addressed. Note: The naming of a guardian in a Will is not
binding. Someone else can still apply to be the guardian of
your children, and only the court has the final say. Naming
a guardian in a Will, however, does ensure that a court will
hear your opinion.
Only you know what you want done with your estate
when you die and simply telling someone, or even more
than one person, does not suffice. Your wishes need to be
in writing.
Finally, your estate may end up being more
complicated and expensive for your family to handle if you
don’t leave a Will, as a family member may need to apply
for a court to appoint him/her as administrator.

4
1.6
When should I make a Will?
You can make a Will at any time. You should make a Will
if you marry (or enter into some other type of committed
relationship), start a family, or divorce (or end some other
type of committed relationship). You should also make a
Will if you have a particularly complicated set of wishes.
Even if you are not in one of these situations, it is still
a good idea to write a Will so that you can leave your
belongings to whom you want.
In addition, you should make a Will when you are
still in good health, as, in order for a Will to be valid, you
must be mentally capable (i.e. have the appropriate mental
capacity – see Question 2.6) when you make it. Your
mental capacity can be affected by illness, accidents, or
drug treatment.
1.7
I am young and healthy and don’t have much of
an estate, why do I need a Will?
It is a good idea for everyone to have a Will. Good health
is no guarantee of long life since an accident could claim
any of us at any time. In addition, even young people
often have more assets than they think (see Question 1.5,
above).
Also, anyone with young children should make a
Will so that they can recommend a guardian for the
children, and your wishes about their financial needs and
their upbringing can be addressed. Note: The naming of
a guardian in a Will is not binding. Someone else can
still apply to be the guardian of your children, and only
the court has the final say. Naming a guardian in a Will,
however, does ensure that a court will hear your opinion.
1.8
What happens if I die without a Will?
If you die without a Will, you are said to die “intestate”.
Two immediate problems arise:
as there is no• Executor/Executrix appointed, there is
no one to take charge of the handling of your estate;
and
there is no formal written record of what you would•
like done with your estate.
In this situation, an Alberta statute called the Intestate
Succession Act comes into effect. All provinces across
Canada have similar legislation, although its contents
and effect will vary from province to province. In Alberta,
this Act deals with the first problem by providing for the
appointment of an administrator/administratrix to handle
the gathering together and distribution of the estate.This
must be done after someone applies to take on the job and
the court issues an order appointing him or her, so there
may be some initial delay.
The Act takes care of the second problem by setting
out a schedule of blood relatives who may inherit the
estate. For example, if the value of the estate is less than
$40,000 and there is a spouse and children, then the
spouse inherits the whole estate. If it is worth more than
$40,000 and there is a spouse and children, then the
spouse gets the first $40,000 and splits the rest with the
children, in shares that depend on the number of children.
If there is no spouse and no children, then the estate will
go to other relatives in an order set out in the Act. If there
is no spouse and no blood relatives, then another Alberta
statute comes into play: the Unclaimed Personal Property
and Vested Property Act.
According to this Act, if a person dies without
a Will, after two years from the date of the grant of
administration, the Administrator must give the provincial
government any portion of the estate not claimed by a
valid heir. The provincial government must keep this
unclaimed personal property, or its equivalent value, for
ten years. During the ten-year period, a valid heir could
still come forward to claim the property. After the ten-year
period has passed the property belongs to the government.
If you die without a Will, your estate may not
be divided up as you would have wished.

5
The result: if you die without a Will, your estate may
not be divided up as you would have wished. Only you
know what you want done with your estate when you die
and simply telling someone, or even more than one person,
does not suffice. Your wishes need to be in writing.
In addition, if you do not write a Will, and if there
is no one to whom your estate can be left under the
Intestate Succession Act, your estate may end up going to the
provincial government (Unclaimed Personal Property and
Vested Property Act).
1.9
If I make a Will, will the government take some of
my money in“estate fees”?
No.There are no estate fees of any kind in Alberta,
regardless of whether there is, or is not, a Will.
If you write a Will and the Will needs to be probated,
there will be fees for filing for a grant of probate.The
exact amount depends on the value of the estate. However,
probate may not be required; the need for probate is
related to the kind and amount of property involved, not
the existence, or non-existence, of a Will. Choosing not to
write a Will may lead to court fees for your family if they
need to file for a grant of administration.
1.10
What is the cost of preparing a Will?
There is no exact answer to this question. It will vary from
lawyer to lawyer, and it will also depend on the complexity
of the Will and the expertise needed to draft it. Often,
lawyers will quote a single price for separate Wills done
for two spouses (or common-law partners) at the same
time, and this will be a saving. Similarly, a lawyer may
quote a single price for a package of Powers of Attorney,
Personal Directives and Wills for two spouses at the same
time.The price may increase if the lawyer needs to use his
or her expertise in complicated tax planning measures, the
creation of trusts, or very large estates.
Choosing not to write a Will may lead to court fees for your family if they need to file for a grant of
administration.

6
2.1
Who can make a Will?
In Alberta, any adult (age 18 or over) who is mentally
capable (i.e. has sufficient mental capacity – refer to
Question 2.6) can make a Will.
In addition, a person under the age of 18 can make a
Will if s/he:
has a spouse or adult interdependent partner;•
is a member of a part of the Canadian Forces that is a•
“regular force” under the National Defence Act;
is a member of the Canadian Forces on active service•
under the National Defence Act;
is a mariner or seaman; or•
does not have a spouse or adult interdependent•
partner, but has a child (or children) – but only to
make a bequest to such a child/children.
2.2
How do I make a Will?
There are three different types of Wills, each with its own
rules and requirements:
ones drawn up by a lawyer;•
ones that you can complete yourself by filling in forms•
that you can obtain at any stationery store; and
ones that you handwrite completely by yourself. Ones•
that you handwrite are called holograph Wills.They
are legal in Alberta, Manitoba, and Saskatchewan, but
they are not allowed in other provinces in Canada.
2.3
Do I have to use a lawyer to make my Will?
There are certainly advantages to having a lawyer draw up
your Will. He or she has a lot of expertise that you can
call upon in matters like tax consequences, international
matters, trusts, making suitable arrangements for young
children, and many other issues.
Wills have to be worded very carefully and precisely
to make sure that exactly what you want comes to pass.
Lawyers are skilled in the careful use of language and are
unlikely to make a mistake. In the unlikely event that the
lawyer should make a mistake, there is insurance to cover
the situation.
It is particularly important for some people to consult
a lawyer about making a Will:
people with large and complex estates (for example:•
issues such as business assets, children who live outside
of Canada and children with special needs);
people who are separated or getting a divorce, so that•
their ex-spouse doesn’t inherit the estate;
people with blended families;•
older or ill people who feel that they are being•
pressured or influenced by others;
people who are thinking about getting married; and•
people starting or ending an adult interdependent•
relationship.
2. How do I make one?
Top 10 Questions about Creating a Will
Wills have to be worded very carefully and
precisely to make sure that exactly what you
want comes to pass.

7
2.4
Are Wills made on stationery store forms OK?
This sort of Will is valid in Alberta.These forms are readily
available, are reasonably priced, and come with instructions
for filling them out.They offer the advantage of privacy,
since no one but you needs to know the contents.They also
offer the advantages of speed and low-cost.
The disadvantage is that they are subject to the same
strict conditions for witnessing as a Will done by a lawyer.
The Wills Act (Alberta) sets out very specific conditions for
the witnessing of Wills. For example, both witnesses must
see you and the other witness sign the Will at the same
time. If all three persons are not present at the same time
and do not watch each other sign the Will, it may be held
to be invalid.
Also, a beneficiary (a person who gets something
under the terms of the Will) must not be a witness. If a
beneficiary does sign as a witness, that does not invalidate
the whole Will, only the gift to that person becomes
invalid. For example, if you leave your estate to your wife
and your wife is one of the witnesses to your Will, then the
gift to her becomes invalid.
Wills on stationery forms may also run a risk of being
confusing or ambiguous in their interpretation. If you
decide to make your own Will using a store-bought form,
you should read the instructions very carefully, be sure that
you understand them, and follow them exactly. If you have
any doubts, you should consult a lawyer.
2.5
What is a holograph Will?
A holograph Will is one you write entirely in your own
handwriting, including a signature.These Wills are valid in
Alberta, but not in all other provinces in Canada.
The advantages of holograph Wills are that they do
not require any witnesses and they can be prepared quickly
and privately.There are some very interesting examples of
holograph Wills.The most famous in Canada concerns a
farmer who was trapped under his tractor when it rolled
over on top of him and who managed, before he died, to
scratch on the fender that he left his estate to his wife!
Certainly, holograph Wills are handy in an emergency, and
some people will write them before leaving on a trip or on
some other occasion when time is short.
However, it is very easy to make a mistake or write
in a way that leaves confusion or ambiguity, so holograph
Wills are not usually a good idea.
2.6
What“mental capacity”do I need to make a Will,
and who decides if I have that capacity?
Having the “mental capacity” to make a Will (also known
as having “testamentary capacity”) means that you must:
know that you are making a Will and understand what•
a Will is;
know what property you own; and•
be aware of the people (such as a spouse and children)•
you would normally feel you should provide for.
You must have testamentary capacity at the time when you
make the Will. If you become mentally incompetent after
you make a Will, it is still a valid Will.
Testamentary capacity can be an issue with individuals
who have a mental infirmity or who are very ill.The
mental capacity of a very ill person may be affected by
illness, drugs or pain.This can mean that the person
sometimes has testamentary capacity, and sometimes
does not. Making your Will while you are in good health
may avoid the problem of having your mental capacity
questioned.
In addition, you must know and approve of the
You must have testamentary capacity at the
time when you make the Will.

8
contents of your Will. If you were misled, whether by fraud
or simply by accident, or if someone put undue influence
on you, your Will may later be found to be invalid. For
example:
undue influence would occur if someone (such as your•
child or your caregiver) pressures or forces you to make
a Will so that he or she can benefit from it; and
fraud would occur if you were persuaded to sign a Will•
but you believed that it was some other document.
This is another reason for meeting with a lawyer to discuss
your Will.This may provide proof that the Will was made
by your own free choice. At some point when you are
writing the Will, you should be alone with the lawyer.
You need to be able to speak freely without being afraid
of hurting anyone’s feelings. You see a lawyer to ensure
your wishes are out in the Will and you are not put under
pressure by outside parties.
When you see a lawyer to make a Will, the lawyer
will conduct tests to ensure that you have the required
capacity. Although any interested party can question your
capacity in the making of a Will, it is the lawyer that makes
the assessment. If, however, you are found incapable, you
have the right to request a capacity review hearing and be
represented by counsel at that hearing.
2.7
Who can be a witness to my Will, and what are my
witnesses’responsibilities?
A witness must:
be 18 years of age or older;•
cannot be a beneficiary under the Will (or the bequest•
to him/her will be void); and
cannot be the spouse or adult interdependent partner•
of someone who is a beneficiary under the Will (or the
bequest to him/her will be void).
The person who is appointed as Executor can be a witness.
The witnesses do not need to read your Will. All they have
to do is see you sign your name to the Will, and sign the
Will themselves in front of you. Witnesses are required
to act in good faith and should refuse to witness the Will
if they have reason to question the mental capacity of
the person who is signing it. As long as they meet these
standards they will not be held responsible even if the Will
is later challenged.
2.8
What should I do with my Will after I have
completed it; do I need to register it with the
Alberta government?
It depends on your situation. Many people choose to put it
in a safe place that their Executor/Executrix knows about
and can be easily accessed. Others choose to leave it with
a trusted third party such as their lawyer. If you do this,
however, it is important to remember that it may be many
years, if ever, before your Will is needed and the person you
have left it with may have moved away or even died in the
meantime. You can also leave a copy in a safe, fire-proof
place such as a bank safety deposit box.
There is no requirement that a Will be registered.
The government does not keep a registry (except for
international Wills – your lawyer can discuss this issue with
you).
It makes sense, however, to make sure that the people
in your life who need to know about these documents,
especially your Attorney under a Power of Attorney, have a
copy or know where to get one if needed. In addition, you
should review your Will every few years, as circumstances
can change quickly.
If you were misled, whether by fraud or simply
by accident, or if someone put undue influence
on you, your Will may later be found to be
invalid.

9
2.10
If I made my Will in another province, do I have
to make a new one if I move to Alberta, and vice
versa?
You will not always have to remake your Will. However,
if you want to be sure your out-of-province Will meets
the requirements of Alberta law, it is a good idea to have
it checked by an Alberta lawyer. Similarly, if you move
to another province, it is a good idea to have your Will
checked by a lawyer in that province to see that it meets the
legal requirements of the province where you will live. In
addition, a holograph Will written in Alberta may not be
valid, depending on the province to which you move.
2.9
How can I change my Will?
You should look at your Will at least every few years to
make sure that it is still up to date. For example, you may
have sold or given away some of the property mentioned
in your Will, or you may want to make changes in the
Will because of births, deaths and marriages in the family.
There are two usual ways to change your Will.
You can write a separate document that only changes•
a part of your Will.This is called a “codicil”. You must
sign and witness your codicil in the same way as your
Will.The opening words of the codicil usually refer
to the Will that it is amending. It will say that certain
clauses of the Will are revoked or amended and others
are substituted. It should say that, apart from these
changes, you confirm the terms of your original Will.
You can make a completely new Will. It may be wise•
to do so if you wish to make major changes, or if
you have already made a number of codicils.The first
clause of a new Will usually says: “I revoke all Wills
and testamentary dispositions of any nature and kind
made by me.”The most recent Will, properly executed,
is the one which will be used following your death.
You should not change your Will by marking or crossing
out words, as such hand-written changes are unlikely to be
effective. It is much wiser to make a codicil or a new Will.
You must have testamentary capacity at the time
you make the changes or the new Will or codicil may be
challenged in court and maybe found to be invalid.
You should not change your Will by marking
or crossing out words, as such hand-written
changes are unlikely to be effective.

10
3. What goes in it?
Top 15 Questions about the Contents of a Will
3.2
What is my“estate”?
The property that you own at the time of your death and
which is distributed as per the instructions in your Will, is
known as your “estate”.The property in your estate is first
used to pay debts and taxes, and then it is distributed in
accordance with the instructions in your Will.
Property that does not flow through your Will does
not form part of your estate. For example:
property such as land, a house, and bank accounts•
for which the registered owners are described as
“joint tenants”.This kind of property transfers to the
remaining joint tenant(s) when you die. Note: On
the other hand, property for which the registered
owners are described as “tenants in common” does flow
through your estate.
RRSPs, pensions, life insurance policies for which you•
have designated a beneficiary other than your estate.
Consider the following scenarios:
In 1999 you signed a designation of beneficiary»»
form leaving the death benefit of your pension
plan to your sister. In 2006 you then wrote a Will
but did not mention your pension plan.The death
benefit will go directly to the named beneficiary
(your sister) and will not form part of your estate.
No part of the funds can be used to pay the debts
of your estate.
On the other hand, in 1999 you signed a»»
designation of beneficiary form leaving the death
benefit of your pension plan to your sister. In 2006
you then wrote a Will and in that Will you did
make other arrangements for this benefit (you left
it to your brother).The death benefit will form
part of your estate (meaning that it can first be
used to pay debts, and what remains of it will go
to your brother.
As a result, it is very important to be careful and stay
consistent when dealing with property for which you can
designate a beneficiary other than in your Will.
3.1
What should I consider in making a Will?
In making a Will you should, at minimum:
consider (and make a list) all of the property you have.•
This includes: land, possessions, insurance policies, bank
accounts, pension plans, investments, etc;
decide to whom you want to give this property when•
you die;
think about whether there is any property that could,•
and that you might want to have, flow directly to a
beneficiary (i.e.: not pass through your estate under
your Will);
think (and make a list) of what debts you have, as debts•
must be paid from your estate;
if you have minor children, decide upon a person that•
you would suggest as a guardian;
if you have special needs children, think about what•
arrangements you might wish to make for them;
be aware of your potential legal obligations to any•
spouse, adult interdependent partner and children;
consider any special bequests you would like to make•
(and think about doing so while you are still alive if you
anticipate any problems with such bequests);
choose someone to act as Executor and talk to this•
person about it; and
assess family dynamics and make your decisions•
accordingly.
In addition, remember that you will not be around to help
your loved ones interpret your Will.Therefore, be sure
that you are as clear as possible in your description of your
wishes. For example, you need to be clear about exactly who
your beneficiaries are. You can’t say, for example, that you
want to leave everything to “hungry children in Africa.”
Similarly, you need to be clear about the special items that
you leave. For example, you may have more than one ring,
and more than one nephew, so be sure to mention that is it
your “great-great grandfather Bob’s gold wedding ring” that
you want to leave to your nephew, “Joe”.

11
3.3
What kind of instructions does a Will contain?
Your Will contains your instructions about what you want
done with your property after you die.The language should
be clear and simple, so that no one is confused about what
you meant.
Typically, a Will has several sections.
It often begins by cancelling any previous Will(s).•
It appoints the Executor.This is the person who is•
responsible for carrying out the instructions in your
Will. You should appoint someone whom you think
will outlive you and who is capable to the task. It
is wise to also appoint a person to be an alternate
Executor, in case the first Executor becomes unwilling
or unable (e.g. through death or illness) to act when
the time comes.
It says who gets your property. Remember that your•
Will only comes into force after your death. It can
only dispose of property which you owned at the time
of death. If you are leaving property to someone in
particular, you may want to provide for the possibility
that he or she might die before you. For example, if
you leave your property to your niece, what happens
if she dies before you do? Do you want her children
to inherit it, or do you want the property to go to
someone else?
It should make sure that all of your property is taken•
care of.
It says who gets any property that remains (known•
as the “residue”) after all the beneficiaries have been
given their specific gifts. If a Will does not contain
such a clause, the residue will be treated as if the
testator had died without a Will (“intestate”).
It can include other details as you wish. For example,•
you can name a guardian and/or create trusts for your
minor children. Note: The naming of a guardian in a
Will is not binding. Someone else can still apply to be
the guardian of your children, and only the court has
the final say. Naming a guardian in a Will, however,
does ensure that a court will hear your opinion.
Unless you state in the Will your plan to marry a•
specific person, if you marry or remarry after the
date you signed your Will, your Will is automatically
revoked.
3.4
Should I put my burial wishes in my Will?
You can if you want to, but it may not be a good idea,
as often the Will won’t be found or read until after the
funeral.Therefore, you should tell the person who is
likely to arrange the funeral what your wishes are or leave
separate written instructions.
3.5
What is an Executor?
An Executor is the person named in a Will to carry out
the directions contained in that Will.The Executor is
responsible for settling the person’s affairs after death.
The person’s estate (everything he or she owned) passes
temporarily to the Executor.The Executor locates all of
the person’s assets, pays the funeral costs, debts and taxes,
and then distributes the remaining money and property
according to the instructions in the Will.
The Executor is accountable to the beneficiaries. For
example, the Executor must let the beneficiaries know
when he or she is applying for probate, and must keep
records and give all beneficiaries a final statement of
accounts. If the Will is probated, the Executor is also
accountable to the court.
Make sure that all of your property is taken
care of. […] The language should be clear and
simple, so that no one is confused about what
you meant.
Property that does not flow through your Will
does not form part of your estate.

12
3.6
Who can I appoint as my Executor?
You can choose any adult you wish. Most often people
choose a family member or a trusted friend to be Executor.
An Executor can also be a corporation (such as a trust
company). Either way:
be sure that the person you choose has the time and•
ability to carry out the many duties of Executor; and
before you appoint someone, ask them if they are•
willing to do the job.
You can also choose a beneficiary to be your Executor. Your
can choose someone who does not live in Alberta, but this
may prove inconvenient, as all procedures to settle your
estate will be done in Alberta. In addition, an Executor that
lives outside of Alberta may have to post a bond.
3.7
What should I think about in choosing an
Executor?
Looking after an estate can be difficult and time-
consuming. Sometimes it can include responsibilities
that last for years.The best Executor is a trustworthy,
reliable and competent adult. An Executor needs to be
someone you trust and who has the ability to carry out
your instructions (which may involve standing up to family
members and friends and dealing with interpersonal
conflicts).
You should consider choosing someone who has some
knowledge about business affairs. Choose someone who is
likely to outlive you. Choosing someone who lives in the
same province as you do may cut down on long distance
phone calls and other administrative expenses. Your spouse,
an adult child, a friend, family member or heir may be able
to do a good job as Executor. Many people choose their
spouse or main heir as Executor.
It is also very important to name an alternate (back-up)
Executor in case your first choice dies, moves away, or for
some reason is unable to do the job.
You can name your lawyer as Executor but most lawyers
don’t act as Executors. Before you name your lawyer check
that s/he is willing to be your Executor. If your estate is
complicated or you don’t have a relative or friend who is
able to act, you may want to appoint a trust company as
Executor. In addition, if there is a chance that a problem
will arise among your heirs, a trust company might be a
good choice because it would be an impartial Executor.
There can, however, be disadvantages to using a trust
company. It usually charges the maximum fee allowable and
tends to be a conservative investor. In addition, it probably
won’t be as familiar with your assets as a friend or family
member would be. You should check that the company is
willing to act as Executor. If you don’t, the company might
refuse to act as Executor upon your death.
You can appoint more than one Executor. However, all
Executors must agree to this arrangement. In most matters,
all Executors must agree and must act together. If you
appoint more than one Executor, be sure that they will be
able to work together. You should discuss your wishes with
both of them. It is best to do this with them together. If one
co-Executor dies, the other one can act alone.
Sometimes people choose three Executors so that if
there are disagreements, the Executors can vote and the
majority will decide (known as a “majority rule” clause).
However, you need to specify in your Will that this is what
you want. You also must say that the Executor who doesn’t
agree with the other two will still go along with, and do
whatever is necessary to carry out the decision.
An Executor needs to be someone you trust
and who has the ability to carry out your
instructions (which may involve standing up
to family members and friends and dealing
with interpersonal conflicts).

13
3.8
I want to name a specific family member as
Executor but I’m worried that this will cause
conflict. Is there anything I can do to prevent this?
There are a number of options that may help, depending on
your situation and personal preferences. Conflict can often
be avoided by telling your family in advance and explaining
the reasons for your choice. Another way to avoid family
conflict is to name someone else such as a close friend, or a
trust company.
3.9
Should I include provisions about payment for my
Executor?
The Surrogate Rules indicate that an Executor is entitled to
“fair and reasonable compensation for their responsibility
in administering an estate by performing the personal
representatives’ duties.”
In your Will, you can state how much your Executor
will be paid. If you do, this is the maximum the Executor
can receive. If you do not do so, and if the Executor wants
to be paid, your Executor may either ask the beneficiaries to
approve his/her fee or the court must order the fees. There
are three categories of fees:
fees charged on the gross capital value of the estate.•
These should not exceed 5% of the gross value of the
estate;
fees charged on the revenue received by the estate•
during administration.These should not exceed 6% of
the revenue receipts; and
care and management fees charged in trust estates.•
Often, an Executor does not accept a fee.This is common
if the Executor is a spouse, family member, or close friend.
Alternatively, your Executor may prefer to take a gift rather
than a fee because a fee is taxable, but a gift (jewellery, cash,
real estate, etc.) given under your Will is not.
Any expenses the Executor has while settling the estate
are paid for out of the estate. Examples of such expenses are
photocopying, postage, and long-distance phone calls.
3.10
Can I deal with all of my property in my Will, or is
there some property that I cannot deal with in my
Will?
In theory, in your Will, you can deal with all types of
property: land, possessions, money, investments, personal
belongings, insurance policies, business assets, etc. However,
how you hold a particular piece of property (for example,
joint tenancy), might mean that that property does not
flow through your estate and therefore is not dealt with
under your Will. Similarly, documents you otherwise sign
in relation to a piece of property, like a designation of
beneficiary form, might mean that that property does not
flow through your estate and therefore is not dealt with
under your Will.
3.11
What happens to property held in“joint tenancy”?
If you own assets in joint tenancy, they do not form part of
the estate. Let’s say you and your spouse own your home
as joint tenants, or have a bank account as joint tenants.
When you die, the home and the money in the account
automatically belongs to your spouse and does not pass
through the Will. As a result, such property cannot be used
to pay your debts. Note: On the other hand, property for
which the registered owners are described as “tenants in
common” does flow through your estate.
If you own assets in joint tenancy, they do not
form part of the estate.

14
3.12
What happens to my RRSPs, RRIFs and pension
plans?
Usually RRSPs and RRIFs do not form part of the estate,
because in the RRSP or RRIF you name a beneficiary.
If you do so, when you die, the bank or trust company
transfers the RRSP or RRIF, or pays it out to the
beneficiary you named. You can also name your estate as
the beneficiary, at which point the monies will flow through
your Will. Similarly, if at the time of your death your
named beneficiaries have died before you, the monies will
flow through your Will.This is why it is important to keep
in mind who you have named as beneficiaries and ensure
that you keep your wishes up-to-date.
With RRSPs and RRIFs, it is also important to
think about the potential tax consequences.There are tax
advantages to leaving RRSPs and RRIFs to a spouse.These
tax advantages do not exist with other beneficiaries.
Similarly, a pension plan death benefit can say that it
is to be paid to a certain beneficiary or to your estate. If the
money is to be paid to your estate, the money will form
part of your estate and will be distributed according to the
terms of your Will. If the money is to be paid to a certain
beneficiary, the money goes directly to that beneficiary. It
does not become part of your estate. If at the time of your
death your named beneficiaries have died before you, the
monies will flow through your Will.
In Alberta it is also important to keep in mind the
provisions of the Trustee Act, which states that the most
recent designation of pension plan benefits applies. For
example, if you name a pension plan beneficiary in your
Will, and then later sign a separate designation form for the
pension plan benefit, the earlier provision made in the Will
is revoked.
3.13
What happens to insurance policies?
An insurance policy can say that it is to be paid to a
certain person or to your estate. If the insurance money is
to be paid to your estate, the money from your policy will
form part of your estate, may be used to pay debts, and
will be distributed according to the terms of your Will. If
the insurance money is to be paid to a certain person, the
money goes directly to that person. It does not become
part of your estate.
Again, if at the time of your death your named
beneficiaries have died before you, the monies will flow
through your Will, an important reason to keep in mind
whom you have named as beneficiaries and ensure that
you keep your wishes up-to-date.
3.14
I own my own business and have a special needs
child – how do I deal with such things in my Will?
Business assets are often considerably complicated and
there are many legal technicalities that you may need
to consider (such as corporate law and tax law). Please
consult a Wills and Estates lawyer.
There are various means of ensuring financial security
for your special needs child (such as the creation of a
trust).This, however, can get quite complicated. Please
consult a lawyer.
You should also consult a lawyer for more complicated
estates, for example, if you own property in various areas of
the world, or if you wish to leave property, especially land
or business assets to someone living in another country (as
there may be tax issues to resolve).
It is important to keep in mind who you have named as beneficiaries and ensure that you keep your
wishes up-to-date.

15
The• Matrimonial Property Act recognizes the
contribution of both spouses to a marriage.The Act
says that when one spouse dies, the surviving spouse
can apply for an equal division of matrimonial property.
The surviving spouse must apply to the court. A judge
decides what share of the property the surviving spouse
should get.
You may decide to leave your estate to someone other than
your closest relatives, or you may decide to leave it to some
family members but not to others. For example, you might
decide to divide your estate between two of your children
and leave nothing to a third child. If you do this, it is wise
to consult with a lawyer so that he or she can keep a record
of your reasons.
3.15
Do I have to leave my Estate to my family?
In most cases, you are free to deal with your property as
you wish. However, two laws, the Dependants Relief Act and
the Matrimonial Property Act, place some limits on that
freedom.
The• Dependants Relief Act tries to make sure that
your dependants are left with money and support
whenever possible and if necessary. Children, including
illegitimate and adopted children, and a widow or
widower are all considered “dependants” under this Act,
and they can make a claim if they feel that they have
not been adequately provided for under your Will. In
such a case, the judge considers all the circumstances
of a case in deciding whether to give support to
the dependant.They include whether a dependant
deserves help (what his or her character and conduct
is like), whether there is any other help available to
the dependant, the financial circumstances of the
dependant, any services provided by the dependant to
the testator, and the testator’s reasons for not providing
for the dependant in the Will. It helps if the reasons
are in writing and signed by the testator, or if they are
included in the Will.This is not a complete list.The
judge may take other factors into account. A dependant
who wants to apply for support should talk with a
lawyer.
In most cases, you are free to deal with your
property as you wish. However, two laws, the
Dependants Relief Act and the Matrimonial
Property Act, place some limits on that
freedom.

16
4.1
How often should I review / update my Will?
Ideally, you should review your Will every few years,
although this does not necessarily mean a meeting
with your lawyer. You should at least remind yourself of
your Will’s contents and decide whether anything has
happened which requires a change in your Will. Examples
of such events include: changes in your marital status,
the purchase of property or investments, and the birth or
adoption of children or grandchildren.
4.2
How can I change my Will?
You should look at your Will at least every few years to
make sure that it is still up-to-date. For example, you may
have sold or given away some of the property mentioned
in your Will, or you may want to make changes in the
Will because of births, deaths and marriages in the family.
There are two usual ways to change your Will.
You can write a separate document that only changes•
a part of your Will.This is called a “codicil”. You must
sign and witness your codicil in the same way as your
Will.The opening words of the codicil usually refer
to the Will that it is amending. It will say that certain
clauses of the Will are revoked or amended and others
are substituted. It should say that apart from these
changes, you confirm the terms of your original Will.
You can make a completely new Will. It may be wise•
to do so if you wish to make major changes, or if
you have already made a number of codicils.The first
clause of a new Will usually says: “I revoke all Wills
and testamentary dispositions of any nature and kind
made by me.”The most recent Will, properly executed,
is the one which will be used following your death.
You should not change your Will by marking or crossing
out words. It is unlikely to be effective. It is much wiser to
make a codicil or a new Will.
You must have testamentary capacity at the time
you make the changes or the new Will or codicil may be
challenged in court and maybe found to be invalid.
4.3
I just got married /separated /divorced – does that
void my Will?
If you marry, any Will you made before your marriage
will be invalid unless you expressly state that the Will was
made in contemplation of that marriage.Therefore, you
should make a Will that specifically mentions that you
are making the Will in contemplation of marriage (and
name the person) or else you should make a new Will
immediately after your marriage.
A separation or divorce, on the other hand, does not
invalidate your Will. If you make a Will while you are
married that leaves your entire estate to your spouse, then
s/he will inherit it after you are divorced unless you make a
new Will.
4. When does it get reviewed?
Top 5 Questions about Reviewing and Updating Wills.
You should look at your Will at least every few
years to make sure that it is still up-to-date.

17
4.4
What does being in an adult interdependent
relationship have to do with making a Will?
Unlike a marriage, the start of an adult interdependent
relationship does not necessarily automatically invalidate a
Will. Specifically:
if you sign an Adult Interdependent Partner•
Agreement, your Will is automatically revoked upon
signing (unless the Will specifically mentions that you
are making the Will in contemplation of this agreement
with this person, and name the person).This includes
non-conjugal adult interdependent relationships;
but• , if you begin an adult interdependent relationship
by a means other than the signing of such an agreement
(in other words: for childless couples, at the three-year
mark; and, for couples who have a child, the point at
which that child is born or adopted) your Will is not
automatically revoked.
Similar to divorce, the end of an adult interdependent
relationship does not automatically invalidate a Will.
As a result, at the start or end of an adult
interdependent relationship, it is very important to review
your Will to ensure that it still meets all of your needs.
4.5
If I make a new Will, does it automatically cancel
the old one?
Basically, yes, if you make a completely new Will that
revokes your previous Will.That means the previous Will
is “cancelled.”
However, it is possible to simply make a new
document that only changes parts of your Will.This is
known as a “codicil.” Making a properly executed codicil
does not automatically void all of your previous Will, but
rather, only certain clauses of that Will.
To be certain that you have only one complete Will
in effect, ensure that each new Will includes a phrase that
revokes all Wills previously made.
Note: If your Will is accidentally destroyed, for example,
by a fire in which you die, a copy of the Will can be used
because you did not intend to revoke it.
To be certain that you have only one complete
Will in effect, ensure that each new Will
includes a phrase that revokes all Wills
previously made.

18
5.1
When and how will my Will take effect?
A Will does not take effect until you die. Therefore, if
you specify in your Will that you leave certain property
to someone — for example, a diamond bracelet to your
sister or a car to your brother — you may still sell it or
mortgage it or deal with it in any way you choose during
your lifetime. If you no longer own that item at the time of
your death, then the Will is interpreted as if that property
did not exist. Of course, you may also change your Will at
any time.
5.2
How long does a Will last?
A Will remains in effect until all debt and taxes are paid
and all of the bequests have been carried out. For a simple
and straightforward estate, one year is not uncommon.
However, the exact time depends on the nature of the
bequests. For example: if a Will sets up a trust, an estate
may be in existence for a very long time.
5.3
What are my Executor’s duties and is there
anything s/he cannot do?
Your Executor is responsible for settling your affairs after
your death. S/he locates all of your assets, pays the funeral
costs, debts and taxes, and then distributes the remaining
money and property according to the instructions in your
Will.
In your Will, you set out what you want your Executor
to do. You can list anything that you do not wish him/
her to do. However, you cannot ask your Executor to
refrain from doing something that is required by law. For
example, you could not state that your Executor should
not pay your outstanding debts.
In addition, your Executor is governed by the
provisions of the Alberta Trustee Act, which does place
certain restrictions on actions. For example, if your
Executor needs to invest your assets for a while, s/he can
only invest in a specified list of allowable investments.
Your Executor must report to the beneficiaries. In
addition, if probate is obtained, your Executor may have to
report to the court.
5.4
What is“probate”and what is involved in that?
Probate is a legal procedure where the court determines
the Will’s validity and confirms the Executor’s
appointment. In Alberta, this is the Court of Queen’s
Bench, Surrogate Matters. An Executor must apply to the
Court to probate a Will.
There is a range of court fees charged for probate – the
larger the estate, the higher the fee. For example, as of the
spring of 2008, the fees were:
$10,000 and under $25.00
over $10,000 but not more than $25,000 $100.00
over $250,000 $400.00
5. What happens with it?
Top 10 Questions about the Administration of Wills
Probate is a legal procedure where the court
determines the Will’s validity and confirms the
Executor’s appointment.

19
5.5
Is an Alberta Will effective outside of Alberta;
and is a Will that was created outside of Alberta
effective in Alberta?
A Will that was created in Alberta is generally effective
outside of Alberta. However, if the property in question
is located outside of Alberta, your Executor may have to
file for probate in that jurisdiction.This is especially true
for real property (land). It is best to check the laws of that
other jurisdiction.
Similarly, a Will that was created in another province
is generally effective in Alberta. However, if the property
in question is located in Alberta, your Executor may have
to file for probate in Alberta.This is especially true for real
property (land).
5.6
If there is more than one signed Will, which one is
valid?
Usually, the most recent Will is valid.
If the most recent signed Will revokes the other
Will(s), only the most recent is valid. However, if the most
recent signed Will does not revoke the other Will(s), a
court would have to look at the contents of the Will to try
to determine the wishes of the testator. For example: does
each Will deal with separate property? Can the Wills all
be administered, or do they contradict each other?
This is why it is extremely important to be very clear
in your Will and, whenever possible, ensure that there is
only one Will in existence. Remember – you will not be
here to help your loved ones, or a judge, determine your
final wishes; the documents you left behind will be what
they rely on.
5.7
What happens if the person I appoint as my
Executor cannot act for me for some reason, or
wants to quit?
You can avoid this problem by naming one or more people
as your “alternate” Executor(s).The alternate(s) can act if
your Executor dies, or is unable or unwilling to assume the
role.
If, before you die, the person you have named as
Executor dies or indicates that s/he is no longer willing
to act as your Executor, you should consider making a
new Will. If, after you have died, your Executor who had
previously accepted the appointment dies, or is unable
or unwilling to continue the role, s/he must apply to the
court for a discharge.
That said, if all of the possible Executors named in
your Will are unable or unwilling to act, a court will
appoint someone.
5.8
Can a Will be challenged?
Yes. Common causes of a challenge include claims that
that testator was unduly influenced, and claims under the
Dependants Relief Act. Only a court has the final say about
whether a Will is valid.
In order to minimize the chances of a future challenge,
talk to your family members, your beneficiaries, and
anyone who may be entitled to a share of the estate.
Explain what your plans are.This may prevent problems
later.
In order to minimize the chances of a future
challenge, talk to your family members, your
beneficiaries, and anyone who may be entitled
to a share of the estate.

20
5.9
What if my Executor makes decisions that are not
in accordance with my Will?
Your Executor must follow the provisions of your Will. If
s/he does not, one or more of your beneficiaries can ask a
court to examine the conduct in question. Under Alberta
law, your Executor is answerable and accountable for his/
her own acts and neglects.
If an Executor is uncertain about the meaning of
certain provisions of your Will, your Executor can always
ask a court for advice and direction.
5.10
Is a photocopy of the Will valid?
Very few parties accept a mere photocopy of a Will. Most
parties require at least a notarized copy of the Will.
An application for a grant of probate will require your
original Will.
If you write a new Will, copies of the previous Will
should be destroyed and replaced, so as to avoid confusion.
The Executor must pay all debts, gather all assets, distribute all assets and make an accounting.
Generally, once this is done, the process comes to an end.

21
6.1
When does the effect of a Will generally end?
There is no set time for the work to end, or for the
responsibilities of the Executor to be finished.The
Executor must pay all debts, gather all assets, distribute all
assets and make an accounting. Generally, once this is all
done, the process comes to an end. However, sometimes
an asset or a debt might turn up years later.The Will still
applies and it is still the responsibility of the Executor to
deal with this newly-discovered matter.
6.2
Can I cancel my Will?
There are four ways to cancel your Will.This is usually
called “revoking”.
Your Will is revoked if you marry, unless you made the•
Will knowing you were getting married and said so in
the Will.
You can make a written document saying that you•
want to revoke the Will. It must be signed and
witnessed in the same way as a Will. For example,
in one case a bank manager had the testator’s Will.
The testator became ill and wrote a letter to the bank
manager saying: “Will you please destroy the Will
already made out.”This letter was properly signed and
witnessed, and it revoked the Will.
You can make a properly executed new Will.•
You can destroy the Will or ask some other person to•
destroy it in your presence. If your Will is accidentally
destroyed, for example, by a fire in which you die,
a copy of the Will can be used because you did not
intend to revoke it.
6.3
If I make a new Will, does it automatically cancel
the old one?
Generally, yes, as most Wills contain a clause that revokes
all previous Wills. However, if you do not explicitly revoke
all previous Wills, there may be some confusion as to
which Will is the one you intended and this can lead to
problems.
Also, if you write a separate document that only
revokes and changes a part of your Will (known as a
“codicil”), it does not revoke all of your previous Will, only
the part that is addressed in the codicil.
6.4
What should I do once I’ve revoked my Will?
Tell the individual(s) that you had appointed as
Executor(s) and alternate Executor(s). Also tell anyone
who knew about the now-revoked Will. It is also a good
idea to get back the original (and now revoked) Will, as
well as any copies, and destroy them.
6.5
If a witness to a Will dies, does the Will become
invalid?
No. Under Alberta law, in order to probate a Will,
witnesses to the Will have to sign a separate statement
swearing to their role as a witness. If you use a lawyer
to create your Will, the lawyer usually has the witnesses
sign this document immediately after the Will is signed
and witnessed. If, however, at probate, there is no such
statement and the witness has died, there are steps that
your probate lawyer can take to address this issue.
6. How does it end?
Top 5 Questions about how a Will stops having effect
Under Alberta law, your Executor is answerable and accountable for his/her own acts and neglects.

22
7. What do the Words Mean?
Glossary
administration
(or“grant of
administration”)
a legal procedure wherein the Alberta Court of Queen’s Bench (Surrogate Matters) appoints someone (an
administrator) to administer the estate of a deceased person who died without a Will. The Court’s authority for
that administrator to act is given in a grant of letters of administration.
Administrator someone who is given authority by the Alberta Court of Queen’s Bench (Surrogate Matters) to manage and
administer the estate of a deceased person who dies without a Will. When an administrator is appointed, the
Court issues a grant of letters of administration. (A female administrator is sometimes called an Administratrix.)
adult interdependent
partner
a person with whom you are in an adult interdependent relationship.
adult interdependent
relationship
a term unique to Alberta and governed by the Alberta Adult Interdependent Relationships Act.
It is a“relationship of interdependence”as a relationship outside of marriage where two people: share one
another’s lives; are emotionally committed to one another; and function as an economic and domestic unit. To
meet these criteria, the relationship need not necessarily be conjugal (sexual). It can be platonic.
There are two possible ways for such a relationship to exist.
If you have made a formal and valid adult interdependent partner agreement with the other person (two•
people that are related by either blood or adoption must enter into such as agreement in order to be
considered adult interdependent partners); or
If you are not related by either blood or adoption and if you have:•
lived with the other person in a“relationship of interdependence”for at least 3 continuous years; or––
lived with the other person in a“relationship of interdependence”of some permanence where there is a––
child of the relationship (either by birth or adoption).
assets what you own. Assets can include things such as money, land, investments, and personal possessions such as
jewellery and furniture.
beneficiary a person or organization that you leave something to in your Will.
bequest personal property left to someone in a Will.
codicil a document made after the Will that changes some of the things in your Will.
debts what you owe. These can also be called“liabilities”and may include credit card balances, loans, and mortgages.
estate all of the property and belongings you own at your death. The estate does not include property you own with
someone else in joint tenancy, or joint bank accounts. The estate does not include insurance policies, RRSPs or
RRIFs, or other things you own which specifically name someone as your beneficiary.
Executor/Executrix the person you name in your Will who is responsible for managing your estate and for carrying out the
instructions in the Will.
holograph Will a Will that is completely in a person’s own handwriting.
intestate a person has died without leaving a Will.
joint tenancy a type of ownership where any two or more persons (related or not) may equally own property and the property
passes to the survivor or survivors on the death of one (without flowing through the estate of the deceased).
last Will and testament the legal statement of a person’s last wishes as to the disposition of his or her property after death.
probate (or“grant of
probate”)
a legal procedure that confirms the Will can be acted on and authorizes the Executor to act. The procedure
includes submitting special forms and the original Will to the Alberta Court of Queen’s Bench (Surrogate Matters).
spouse a person to whom one is legally married.
tenancy in common a type of ownership where any two or more persons (related or not) own property, but, unlike joint tenancy, the
shares need not be equal, and there is no right of survivorship (on the death of an owner, the share does not flow
to the other tenant in common, but rather, flows through the estate of the deceased tenant.
testator / testatrix a person who has made a Will.
trust a part of your estate that is set up to ensure ongoing income for a beneficiary, usually a dependent child.
trustee the person or company you name to manage a trust.
Will the legal statement of a person’s last wishes as to the disposition of his or her property after death.

23
For copies of the Acts contact the Queen’s Printer
Bookstore.
780-427-4952 in Edmonton•
403-297-6251 in Calgary•
Toll-free service in Alberta, dial 310-0000.•
Website:• www.qp.gov.ab.ca
The• Wills Act is available electronically at: www.
qp.gov.ab.ca. See alphabetical list of Acts.
The• Surrogate Rules are available electronically
at www.qp.gov.ab.ca. See alphabetical list of
regulations.
The• Intestate Succession Act is available electronically at:
www.qp.gov.ab.ca. See alphabetical list of Acts.
The• Ultimate Heir Act is available electronically at:
The• Survivorship Act is available electronically at:
The• Trustee Act is also available electronically at: www.
qp.gov.ab.ca. See alphabetical list of Acts.
The• Dependent Adults Act is available electronically at:
The• Dependent Adults Regulation is available
electronically at: www.qp.gov.ab.ca. See alphabetical
list of regulations.
The• Adult Interdependent Partner Agreement Regulation
is available electronically at: www.qp.gov.ab.ca. See
alphabetical list of regulations.
More information about Probate can be found at:
www.albertacourts.ab.ca/CourtofQueensBench/
FrequentlyAskedQuestions/tabid/95/Default.aspx
Alberta Seniors Information Line. Monday to Friday
(8:15 a.m. to 4:30 p.m.); closed statutory holidays
Toll-free in Alberta: 1-800-642-3853
Edmonton Area: 780-427-7876
Fax: 780-422-5954
Deaf or Hearing Impaired with TDD/TTY units:
Toll-free in Alberta: 1-800-232-7215
Edmonton area: 780-427-9999
8. Where can I get more help?
Community Resources
Seniors Association of Greater Edmonton (SAGE)
100 102A Ave
15 Sir Winston Churchill Sq NW
Edmonton AB,T5J 2E5
Phone: 780-423-5510
Fax: 780-426-5175
Email: info@MySage.ca
Website: www.MySage.ca
Hours: Monday to Friday: 8:30 am to 4:15 pm
Government of Alberta. Alberta Seniors and Community
Supports, Seniors Services Division. Saying Farewell:
A Guide to Assist you with the Death and Dying Process.
Available electronically at: www.seniors.gov.ab.ca/
services_resources/saying_farewell/Sayingfarewell.
pdf
Alberta Seniors and Community Supports website:
www.seniors.gov.ab.ca
Alberta, Lawyer Referral Service at 1-800-661-1095 (toll
free) or 403-228-1722 (in Calgary). You will be provided
with the names of three lawyers in your area that you can
consult. Each lawyer will provide a half hour consultation
free of charge.
Alberta Law Line. A program of Legal Aid
Alberta, which provides legal information and referrals to
Albertans and legal advice to eligible callers.This is a free
service and is available across Alberta.To call toll-free,
dial 1-866-845-3425. In Edmonton, call 780-644-7777.
Alberta Law Line does not provide legal information or
legal advice over email.
www.lawline.legalaid.ab.ca

The Legal Resource Centre
The Legal Resource Centre is a non-profit society
whose purpose is to provide Albertans with reliable
information about their rights and responsibilities
under the law.
L
R
C
Legal Resource Centre
#201 10350 – 124 Street
Edmonton, AB T5N 3V9
Phone: 780.451.5285
Fax: 780.451.2341
The LRC gratefully acknowledges
Public Library Development Initiative
Alberta Law Foundation
The People’s Law School, Vancouver, BC
Linda Callaghan
Richards Hunter Barristers and Solicitors, Edmonton,
for reviewing this booklet
1340 Weber Centre
5555 Calgary Trail
Edmonton, AB T6H 5P9
Phone: 780-436-85554
Fax: 780-436-8566
You should not rely on this booklet for legal advice. It provides
general information on Alberta law only.
Student Legal Services. A nonprofit, charitable
organization of approximately 300 volunteer law students
that provide year-round free legal services to those
individuals who are unable to afford a lawyer.
11011-88 Avenue
Edmonton, AB T6G 0Z3
780-492.8244
www.slsedmonton.com
Please call in advance as student volunteers are not always
available at all hours.
Older Adult Knowledge Network.
www.oak-net.org
Dial-A-Law. Pre-recorded legal information messages
available 24 hours a day, 7 days a week.
Phone: 1-800-332-1091 toll free
Family Law Information Centre
Edmonton Law Courts Bldg,
1A Sir Winston Churchill Square
Edmonton, AB T5J 0R2
Phone: 780-415-0404
Legal Aid Society of Alberta: Provides legal services to
financially eligible applicants.
Phone: 780-427-7575.
Website: www.legalaid.ab.ca
This booklet is part of a series from The Law and You: Seniors and
Older Adults project. Other booklets from the series include:
• Making a Will
• Making a Personal Directive
• Making a Power of Attorney
• Being an Executor
• Being an Attorney
• Being an Agent
• Protecting Yourself from Consumer Fraud and Scams
• Grandparents’Rights

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