February 24, 2023

Adam Letourneau, K.C.

When it comes to estate planning, creating a will is one of the most important steps you can take to ensure that your wishes are carried out after your death. Unfortunately, many Albertans do not have a will in place, either because they don't think it's necessary or because they simply haven't gotten around to it. In this article, we'll take a closer look at what happens if you don't have a will in Alberta and why it's important to invest in the services of a lawyer to draft and execute your will properly.

In Alberta, the Wills and Succession Act governs how your estate will be distributed if you die without a will. This legislation sets out a specific order of priority for who will inherit your property and assets, based on your surviving family members. The rules are as follows:

• If you have a surviving spouse or adult interdependent partner, they will inherit the entire estate if you have no children or grandchildren.
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• If you have a surviving spouse or adult interdependent partner, they will inherit the first $150,000 of the estate, plus one-half of the remaining estate if you have children or grandchildren.
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• If you have no surviving spouse or adult interdependent partner, your children will inherit the entire estate in equal shares.
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• If you have no surviving spouse or adult interdependent partner and no children or grandchildren, your parents will inherit the entire estate in equal shares.
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• If you have no surviving spouse or adult interdependent partner, no children or grandchildren, and no surviving parents, your siblings will inherit the entire estate in equal shares.
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• If you have no surviving spouse or adult interdependent partner, no children or grandchildren, no surviving parents, and no surviving siblings, your estate will pass to your next of kin in the order of priority set out in the legislation.

It's important to note that if you die without a will, your estate will be distributed according to this order of priority, regardless of your wishes. This means that if you have specific plans for how you want your assets to be distributed after your death, it's crucial to have a will in place to ensure that those wishes are carried out. Neglecting to do this important step could mean your wishes do not come to pass.

Another risk of not having a will is that the distribution of your estate can be delayed, as the court will need to appoint an administrator to handle the estate, and someone who is interested and able to do this work will have to take the necessary and complex steps to become the administrator of your estate. This process can be time-consuming and expensive, and can cause additional stress and burden for your loved ones during an already difficult time.

This is why it's important to invest in the services of a lawyer to draft and execute your will properly. A lawyer can help you navigate the complex legal requirements for creating a valid will and can ensure that your wishes are clearly and legally documented.

In conclusion, if you don't have a will in Alberta, your estate will be distributed according to a specific order of priority set out in the Wills and Succession Act. This can result in your assets being distributed in a way that does not align with your wishes and can cause delays and additional stress for your loved ones. By investing in the services of a lawyer to draft and execute your will properly, you can ensure that your wishes are legally documented and that your loved ones are taken care of after your death.

Learn more about our Lethbridge divorce and family law lawyers, Adam Letourneau, K.C., Devin Wallace, Spencer McMullin, Emily Tilleman, John McMullin, Austyn Anderson or Tamera Tupou.

Learn more about Estate Planning Frequently Asked Questions from our website.

Call 403-329-4311 to set a free Estate Planning Will consultation today with one of our Lethbridge Estate Planning Will lawyers.

This article is for information purposes only and does not constitute legal advice.