Last Will and Testament of [[Testator Full Legal Name]]
I, [[Testator Full Legal Name]], of [[City]], Alberta, declare this to be my Last Will and Testament. I am of sound mind and make this Will voluntarily.
I revoke all prior wills and codicils previously made by me. This instrument is intended to be my sole testamentary document.
Article 1 - Identification and Family Information
1.1 Testator
My full legal name is [[Testator Full Legal Name]]. My date of birth is [[Testator Date of Birth]]. My current address is [[Testator Full Address, City, Alberta, Postal Code]].
1.2 Marital Status and Spouse
My marital status is [[Married / Common Law / Divorced / Widowed / Single]].
Spouse or common-law partner, if any: [[Spouse or Partner Full Legal Name]] of [[Spouse Address]].
1.3 Children and Dependants
I have the following living children and/or dependants:
| Full Legal Name | Relationship | Date of Birth | Special Notes |
|-----------------|--------------|---------------|---------------|
| [[Child 1 Full Legal Name]] | [[Son / Daughter / Other]] | [[Child 1 DOB]] | [[Notes e.g. minor, disabled, from prior relationship]] |
| [[Child 2 Full Legal Name]] | [[Son / Daughter / Other]] | [[Child 2 DOB]] | [[Notes]] |
| [[Additional Children or "None"]] | [[Relationship]] | [[DOB]] | [[Notes]] |
If any child of mine predeceases me but leaves descendants living at my death, such descendants shall take the share their parent would have taken, per stirpes.
Article 2 - Executor and Trustee Appointment
2.1 Primary Executor and Trustee
I appoint [[Executor Full Legal Name]] of [[Executor Address, City, Alberta]] to be the executor and trustee of my estate (the "Executor").
2.2 Alternate Executor
If [[Executor Full Legal Name]] is unable or unwilling to act or continues to act, I appoint [[Alternate Executor Full Legal Name]] of [[Alternate Executor Address]] as alternate executor and trustee.
2.3 Second Alternate
If both prior appointees are unable or unwilling, I appoint [[Second Alternate Executor Full Legal Name]] of [[Second Alternate Address]] .
2.4 Powers of Executor
My Executor shall have all the powers and discretions conferred by the Wills and Succession Act (Alberta), the Trustee Act, and any other applicable law, including without limitation the power to:
- Sell, lease, mortgage, or otherwise deal with any real or personal property of my estate.
- Invest and reinvest estate assets in any investments a prudent investor might select, without being limited to trustee investments.
- Pay debts, funeral expenses, taxes, and administration expenses from the estate.
- Distribute assets in kind or in cash at values determined by the Executor.
- Employ agents, lawyers, accountants, and investment advisors and pay them reasonable compensation from the estate.
- Make tax elections and filings, including any available rollover or deferral elections.
- Continue or wind up any business interests I may own.
- Borrow money on behalf of the estate on such terms as the Executor considers appropriate.
No bond or other security shall be required of any Executor acting under this Will, to the fullest extent permitted by law.
2.5 Compensation
My Executor may receive reasonable compensation for services as permitted by Alberta law and the Surrogate Court practice, or such higher amount as the beneficiaries unanimously agree in writing.
Article 3 - Specific Bequests
I give the following specific gifts:
- To [[Specific Beneficiary 1 Full Name]] of [[Address]]: [[Description of specific gift, e.g. my gold watch, my 2023 Ford F-150 with VIN XXXXX, or the sum of $25,000]].
- To [[Specific Beneficiary 2 Full Name]]: [[Description of specific gift or "the sum of $[[Amount]]"]].
- To [[Charity or Organization Name]]: the sum of $[[Amount]] for its general purposes.
If any specific beneficiary predeceases me, the gift shall lapse and fall into the residue of my estate unless this Will provides otherwise.
Article 4 - Residuary Estate
I give the residue of my estate (after payment of debts, taxes, expenses, and the specific gifts above) to:
[[Residuary Beneficiaries, e.g. my spouse [[Spouse Name]] if living at my death, otherwise to my children then living in equal shares per stirpes]].
If no residuary beneficiary survives me, my estate shall be distributed in accordance with the intestacy provisions of the Wills and Succession Act (Alberta).
Article 5 - Guardian for Minor Children
If I am survived by any child who has not attained the age of majority or who requires a guardian of the person, I appoint [[Guardian Full Legal Name]] of [[Guardian Address, City, Alberta]] as guardian of the person and property of such minor children.
If [[Guardian Full Legal Name]] is unable or unwilling to act, I appoint [[Alternate Guardian Full Legal Name]] of [[Alternate Guardian Address]] as alternate guardian.
The guardian shall have all powers and responsibilities under the Family Law Act (Alberta) and the Child, Youth and Family Enhancement Act, including authority to make decisions regarding health, education, and welfare.
I request that any court having jurisdiction appoint the named guardian without bond if possible.
Article 6 - Holograph Will Alternative
Alberta law recognizes a holograph will under the Wills and Succession Act. A holograph will is valid if it is entirely in my own handwriting and signed by me, without the need for witnesses.
If for any reason this witnessed Will is held invalid, I intend any document meeting the holograph requirements that I have written and signed to be given effect to the greatest extent possible as my last will.
A holograph will should be dated and should clearly express testamentary intention. I recommend consulting a lawyer rather than relying solely on a holograph will.
Article 7 - Alberta Execution Requirements
7.1 Formal Will Execution
To be valid under the Wills and Succession Act (Alberta), this Will must be:
- Signed by me (the testator) at the end.
- Signed in the presence of two witnesses who are both present at the same time as I sign and who then sign in my presence and in the presence of each other.
Witnesses must be adults (at least 18 years of age) and must not be beneficiaries under this Will or spouses of beneficiaries. A witness who is a beneficiary may lose the gift.
7.2 Self-Proving Affidavit (Recommended)
I recommend attaching or including a self-proving affidavit or having the execution witnessed before a Commissioner for Oaths or Notary Public to simplify probate.
7.3 Signature Block
IN WITNESS WHEREOF I have signed this Will on [[Date of Signing]] at [[City]], Alberta.
_______________________________________________
[[Testator Full Legal Name]] (Testator)
7.4 Witness Signatures
We, the undersigned witnesses, confirm that:
- The Testator signed this Will in our joint presence.
- We signed in the presence of the Testator and of each other.
- The Testator appeared to us to be of sound mind and acting voluntarily.
- Neither of us is a beneficiary under this Will or the spouse of a beneficiary.
Witness 1
Signature: _______________________________________________
Printed Name: [[Witness 1 Full Legal Name]]
Address: [[Witness 1 Full Address, City, Alberta]]
Date: [[Date]]
Witness 2
Signature: _______________________________________________
Printed Name: [[Witness 2 Full Legal Name]]
Address: [[Witness 2 Full Address, City, Alberta]]
Date: [[Date]]
Article 8 - Debts, Taxes, and Expenses
My Executor shall pay from the residue of my estate all my just debts, funeral and burial or cremation expenses, income taxes, and the expenses of administering my estate, including any probate or administration fees payable in Alberta.
I direct that all estate, succession, or inheritance taxes (if any) be paid from the residue without apportionment against any beneficiary.
Article 9 - Digital Assets and Personal Records
My Executor is authorized to access, manage, close, or transfer any digital accounts, social media, email, cloud storage, cryptocurrency, or other digital assets I own, subject to the terms of service of the platforms and applicable law.
I may leave a separate memorandum of digital account credentials and wishes. Such memorandum is not part of this Will but my Executor may rely on it.
Article 10 - No-Contest and Interpretation
If any person contests the validity of this Will or any provision, or seeks to have it set aside or varied, that person shall receive only the sum of One Dollar ($1.00) and no more from my estate, and the balance of any gift to that person shall fall into the residue.
This Will shall be interpreted according to the laws of Alberta. Headings are for convenience only.
References to statutes include amendments and successor legislation.
Article 11 - Funeral and Disposition Wishes
I request (but do not direct) that my remains be [[cremated / buried / other wishes: [[Details]] ]].
Any funeral, memorial, or celebration of life shall be [[simple / according to my written instructions left with my Executor / religious or cultural preferences: [[Details]] ]].
My Executor has full authority over arrangements and may deviate from these wishes if circumstances require.
Article 12 - Additional Provisions
12.1 Survivorship
Any beneficiary who dies within 30 days after my death is deemed to have predeceased me for purposes of this Will.
12.2 Adopted and Step Children
References to "children" and "descendants" include legally adopted children and their descendants. Step-children are included only if specifically named.
12.3 Common Disaster
If my death and the death of any beneficiary occur under circumstances making it impossible to determine order of death, I shall be deemed to have survived such beneficiary.
Article 13 - Trustee Powers for Minor or Incapacitated Beneficiaries
If any gift is to a minor or to a beneficiary who is under a legal disability, my Executor may hold the share in trust, pay income and capital for the beneficiary's benefit, and distribute the remainder when the beneficiary attains majority or the disability ends.
My Executor may appoint a separate trustee for any such trust.
Sources and Verification
This template is drafted to comply with the Wills and Succession Act, SA 2010, c W-12.2 (Alberta) and related legislation as of June 2026.
Primary Sources (as of 2026-06):
- Wills and Succession Act, SA 2010 c W-12.2 - formal wills (s. 14 or current numbering), holograph wills, revocation, witnessing, survivorship.
- Trustee Act, RSA 2000 c T-8 - trustee powers.
- Family Law Act (Alberta) and Child, Youth and Family Enhancement Act - guardianship of minors.
- Alberta Surrogate Rules and Court of King's Bench practice for probate.
- Alberta government guidance: "Wills in Alberta" (alberta.ca).
Holograph wills require the entire document (except signature) to be in the testator's handwriting. Two witnesses are required for formal wills; witnesses must not benefit.
Template - not professional legal advice. This is a template only. Execution requirements, tax consequences, and the effect of family property claims or dependants relief applications vary by individual circumstances. Consult a licensed Alberta lawyer to prepare or review your will. Verify all provisions against current law before signing. User-supplied information is represented by [[merge fields]]. As of June 2026.
Document length exceeds 150 lines with comprehensive articles, family tables, specific and residuary gifts, full executor powers, guardian provisions, holograph alternative, detailed Alberta execution formalities with two-witness block, additional clauses, and statutory citations.
