For Albertans aged 18 and older, making a will is a great first step in planning for your future. Now, some may say, “Why should I make a will? I have nothing but debt. Do I need a lawyer? How much will it cost? My favorite is “my family can understand it.” Making a will is fairly simple, but there are few requirements you need to meet for your will to be legal in Alberta. Your will must be signed in wet ink and kept as a physical copy The language used in wills makes or breaks the legal utility of the will. When a person writes their will by hand, they tend to write it without prior research or understanding of the law. Many handwritten wills concern only part of the estate. This leaves part of the estate that must undergo the statutory procedure of intestate succession. This means that the ungiven potion of the estate receives the same treatment as those without a will. This means that your personal representatives will need to ask for both a discount and a comfort letter. Essentially double the cost of administering the estate. In general, this means thousands of dollars more. A person (called a “personal representative”) appointed by a testator to carry out the instructions set out in his or her will. It is important to note that to be valid, the holograph will must be fully included in your letter.

It must not be printed, half written and half typed or written by someone else. If a holograph will needs to be presented to the court in order to obtain an estate grant, someone must make an affidavit stating that it is your letter. Many people are also reluctant to make a will because they believe they need an expensive lawyer or notary to make a legal will. While professional help can be a solution for those with very complex estates or for those who want to make multiple wills (such as a personal will and a professional will), the truth is that most people can create a legally binding will on their own or with the help of a trusted expert like ClearEstate. at a fraction of what it would cost if a lawyer were involved. Alberta law has allowed handwritten wills since 1926. It is important to note that not all Canadian provinces legally recognize the validity of handwritten wills. The law dealing with handwritten wills in Alberta is the Wills and Succession Act. This law lays down the specific laws relating to holographic wills. While Alberta courts have some discretion in interpreting a holograph will, it is important to ensure that the specific requirements required by law are met to be certain of the validity of a holograph will. Avoid problems with your handwritten will being written incorrectly. While your own holograph will may be cheaper, it`s not always cheaper.

A flat fee combined with fast and friendly service ensures that your estate plan is well prepared to ensure it meets your needs and wants. Kahane Law Office will be happy to help you decide if you need to make any changes to your will as a result of these changes. Contact us today. Call 403-225-8810 (toll-free 1-877-225-8817) or email us directly here. Simply put, a holograph will in Alberta is a will written entirely by hand by the testator, as he or she creates a will for himself. A testator does not need a notary for a holograph will. A holograph will is another way to write your last wishes as an alternative to a printed will or a will written by a lawyer. Although witness signatures on a holograph will are not required, you still need to sign it yourself for it to be considered a holograph will.

Relatively speaking, a will is relatively inexpensive if you hire a lawyer. The cost of a will is usually a nominal portion of the cost of the estate if there is a poorly drafted will. Kahane Law Office offers a fixed fee for drafting wills or packages of wills. Learn more about the cost of wills here. For example, here are some reasons why you can hire a lawyer in Alberta to make your will: Be as clear as possible when making your will. Use both full names and relationships so that there is no ambiguity. Information about wills, including how to make a will and what happens if you die without a will. Let`s say you really can`t work with a lawyer who specializes in wills and estates, perhaps due to financial constraints, but you want to make sure that some people get certain items. In this case, holography can give you a small chance to fulfill your desires. That being said, if your estate is to go through the estate, you will need an affidavit of execution. An affidavit of execution helps confirm the validity of a will and is required in certain circumstances. Your will does NOT have to be legal.

It can be completed at the time of execution of the will, at a later date, or even after your death. Many Canadians will choose to wait to complete this process if they expect to need to update their will, as it must be completed each time your will is updated. This may also be an appropriate option if you have no other options and are not able to sign in front of witnesses. Unlike a formal will, it can be prepared quickly in case of emergency. For example, in a famous example of a holograph will in Saskatchewan, a man was crushed by his tractor and scratched his last will on the side of his tractor with a pocket knife. The courts have found the will to be a valid holograph will. The Wills and Succession Act sets out what happens if you die without a will in Alberta.