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If you are challenging a Will, you should determine if there was an earlier version and what it entails. If there is no previous Will, the deceased will be considered to have died intestate. When someone dies without a Will, distribution of the estate will be governed by Part 3 of Alberta's Wills and Succession Act (WSA).

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Please let us know some brief details in your email. Please email us directly here. To call us, call our Calgary office at 403-225-8810 or call us in Edmonton (780) 571-8463. Contesting wills in Alberta occurs frequently. Beneficiaries and executors need help navigating estate disputes. Learn more.

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Contesting or challenging a Will is a complex and costly legal process that requires valid grounds and evidence. If you believe that a Will is unfair, invalid, or fraudulent, you may be able to challenge it in court. Learn more about the reasons, procedures, and risks of contesting or challenging a Will from our free legal information.

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a website of the. Making a Will (Alberta) This booklet produced by the Centre for Public Legal Education Alberta 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.

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A will is a legal document that allows you to: A properly prepared will allows you to direct where your property will go after your death. A will can help relieve stress from your family and loved ones during a time of grief, and can ensure your last wishes are followed. If you die without a will, the Wills and Succession Act sets out how and.

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However, we serve the entire province of Alberta. We also have the infrastructure to work with any of our clients virtually — even the furthest regions of Alberta. Call 587-442-3553 [toll free 1-877-448-3131] to get routed to the best office for you or contact us online to schedule an appointment.

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Our Alberta Estate Litigation Lawyers are Experienced in All Aspects of Will Challenges. In order for a last will and testament to be valid in Alberta, it must meet strict formal requirements. Challenging a Will for Testamentary Capacity. The person making the will must have the required mental capacity to understand the nature of what they are.

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Challenging the Validity of Wills, 2nd ed. by Ian Hull & Suzana Popovic-Montag Table of Contents; Drafting Considerations for Wills & Estates Practitioners by Legal Education Society of Alberta Table of Contents; Drafting Wills in Canada: a Lawyer's Practical Guide, 3rd ed. by Robin Solnik, Bruce Gillingham & Caroline G.S. Kiva. Table of Contents

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Testamentary freedom is a right firmly enshrined in the Alberta court process. Suppose there are insufficient grounds for a legal challenge. In that case, there is little chance of your estate litigation being successful in Alberta courts. The following are the eligible principal grounds upon which one can contest a will in Alberta courts.

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Writing your own Will does not make it more likely to be contested. There are specific grounds to challenge a Will in Canada. A successful challenge must prove that the testator (person writing the Will) was not competent, put under pressure, or there was some fraud. Just being unfair is not grounds for a challenge.

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Centre for Public Legal Education Alberta www.cplea.ca 7 Making a Will In Alberta, any adult (age 18 or over) who is mentally capable can make a Will. A person under the age of 18 can make a Will if they: • have a spouse or adult interdependent partner; or • are a member on active service with the Canadian Forces (naval, land or air force); or

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Legal Requirements of a Valid Will in Alberta. The tripartite legal requirements for a valid Will are set out in section 14 of Alberta's Wills and Succession Act, SA 2010, c W-12.2 (the " WSA "). In order for a Will to be valid, it must. The Will must be made in accordance with sections 15-17 of the WSA, which includes the requirement.

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There are some basic requirements to follow when writing your will. The main rules in Alberta are as follows: You must be of sound mind. You must be over the age of majority, which is 18 in Alberta. You must make the will yourself. You must sign the document in the presence of two valid witnesses.

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For legal advice, please schedule an appointment with MERGEN LAW or talk to your estate lawyer. An executor is a person (or institution) appointed by an individual to carry out the terms of that individual's will after death. The executor is now called a personal representative in Alberta, although most people commonly still use the term executor.

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Making a will is fairly straightforward, but there are a few requirements you need to meet for your will to be legal in Alberta. The general requirements for a legal will in Alberta include: You must be of sound mind and over the age of majority (18). You, the testator or will-maker must have made the will yourself.

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what happens if i move out of alberta? DO I NEED TO DRAFT A NEW WILL? While other provinces may accept a Will drafted in Alberta, it is best to keep in mind that when there are major life changes (i.e. moving to a different province, getting married, etc.), it is always prudent to update your Will.