160 Quarry Park Blvd SE, Suite 300 · Calgary, Alberta
160 Quarry Park Blvd SE, Suite 300 · Calgary, Alberta
Home / Wills & Estate Planning / Wills, Powers of Attorney & Personal Directives
Three documents protect you, your family and your property in life and after death. We prepare them carefully, in plain language, under Alberta law.
A will works after death; a power of attorney and personal directive work for you if you lose capacity during life.
A will only works after you die. If illness or dementia leaves you unable to make decisions, your will cannot help your family pay your bills or speak with your doctors.
That is why our Calgary wills, powers of attorney and personal directives lawyers usually prepare these documents as a set:
Each is governed by its own Alberta statute: the Wills and Succession Act, the Powers of Attorney Act and the Personal Directives Act. We draft documents that fit your life, not a template.
Alberta recognizes formal witnessed wills and handwritten holograph wills, and life events can change how an existing will operates.
A will is generally valid in Alberta if it takes one of these forms:
If a document misses the formal rules, the Court of King’s Bench can sometimes still validate it on clear and convincing evidence of your intentions.
Under the current Act, marriage no longer revokes an existing will. If you divorce, or your adult interdependent relationship ends, gifts to your former spouse or partner are generally treated as revoked, as though that person died before you, unless your will shows otherwise. Separating from a married spouse without divorcing may not have the same effect, so review your will when you separate.
Your executor manages your estate; a guardian named in your will steps in to care for minor children.
Your executor (a personal representative, in Alberta legislation) collects your assets, pays debts and taxes, applies for probate if needed and distributes what is left. The job can take a year or more and carries legal duties. We help you choose someone organized and trustworthy, decide whether to name co-executors and pick an alternate.
If you have children under 18, your will is where you name a guardian to care for them if both parents have died. Without that choice, relatives may need to apply to court, and the result may not match your wishes. Many parents separate the roles: one person raises the children while a trustee manages their inheritance.
Learn more about the executor’s role on our probate and estate administration page.
A trust in your will lets a trustee manage an inheritance on terms you set, instead of paying it out all at once.
A testamentary trust is created by your will and takes effect when you die. A trustee holds the property and manages it according to your instructions. Common uses include:
A Henson trust is a fully discretionary trust for a beneficiary with a disability. Because the beneficiary has no fixed right to the money, it is generally designed so the inheritance does not affect income-tested benefits such as AISH. The wording must be precise.
Leaving an inheritance outright to a family member on AISH can put those benefits at risk. Ask us about a Henson trust before you sign.
An enduring power of attorney keeps working if you lose capacity; general and specific powers usually end when capacity is lost.
A power of attorney authorizes someone you trust (your attorney) to handle your financial and legal affairs. It does not cover health or personal decisions. We prepare three main types:
An enduring power can take effect immediately, or it can be a springing power that starts only on a stated event, usually incapacity. It should say who confirms the event, such as named family members or physicians.
It must be in writing, dated and signed before a qualifying witness; your attorney and their spouse or partner cannot witness.
A personal directive names an agent for non-financial decisions and records your wishes about care, housing and treatment.
A personal directive, sometimes loosely called a living will, is made under the Personal Directives Act. You name one or more agents to make personal decisions if you lose capacity, including:
You can also write instructions to guide your agent: views on resuscitation, pain management or cultural and religious practices.
The directive must be in writing, dated and signed before a witness who is not your agent or the agent’s spouse or partner. It usually takes effect when a physician or psychologist, or a person you name, confirms in writing that you lack capacity. Read our article on the 10 key elements of personal directives.
In focus
| Document | Who acts | What it covers | When it works |
|---|---|---|---|
| Will | Executor | Your estate, guardians for minor children, trusts | After death |
| Enduring power of attorney | Attorney | Finances, property and legal matters | Immediately, or on incapacity if springing |
| Personal directive | Agent | Health care, housing and personal decisions | When you lack capacity |
| Living trust | Trustee | Assets transferred into the trust | During life and after death |
A living trust holds assets during your lifetime and can support succession, privacy, disability or tax planning goals.
A living trust, or inter vivos trust, is set up while you are alive. You transfer assets to trustees who manage them for your beneficiaries under a written trust deed. Because the trust already owns those assets, they generally fall outside your estate for probate.
Clients consider living trusts to plan the succession of a family business, provide for a family member with a disability, or use an alter ego or joint partner trust where the age and tax conditions are met.
They are not right for everyone. Transfers can trigger tax, trusts carry their own Canada Revenue Agency filing obligations and they are harder to change than a will. We work with your accountant where needed. If a company is involved, see our corporate and commercial law services.
Without these documents, your family may need a court order under the Adult Guardianship and Trusteeship Act.
If you lose capacity with no enduring power of attorney, no one automatically has authority over your finances, not even your spouse. Selling a house in your name usually requires legal authority.
A family member or friend then generally has to apply to the Court of King’s Bench under the Adult Guardianship and Trusteeship Act to be appointed:
Applications usually need a capacity assessment, notice to family and a plan for decision-making. The court favours the least intrusive option, and the Act offers lighter tools such as supported decision-making and co-decision-making.
We prepare guardianship and trusteeship applications for Calgary families and act for people opposing or varying an order. See also our elder law services.
An enduring power of attorney and personal directive signed while you are capable usually avoid this court process entirely.
Review your documents every few years and after major life events such as marriage, separation, a birth or a move.
A will signed ten years ago may name an executor who has since died, leave property you no longer own or overlook grandchildren born since. We suggest reviewing your documents every three to five years and after major changes:
Some assets pass outside your will, including many RRSPs, RRIFs, TFSAs, life insurance policies and jointly owned property, so your beneficiary designations should match your plan. Book a consultation and bring your existing documents so we can review them together.
FAQs
Is a will I wrote myself valid in Alberta?
It can be. A holograph will written entirely in your own handwriting and signed by you is recognized under the Wills and Succession Act. Typed and fill-in-the-blank wills generally need two witnesses. Homemade wills often leave gaps, such as no alternate executor, that lead to disputes.
Does getting married cancel my will in Alberta?
No. Under the Wills and Succession Act, marriage no longer revokes a will, so your existing will stays in force after you marry. Divorce, or the end of an adult interdependent relationship, generally revokes gifts to the former spouse or partner. Review your will after any relationship change.
What is the difference between a power of attorney and a personal directive?
An enduring power of attorney covers money, property and legal affairs, such as paying bills or selling a house. A personal directive covers personal matters, such as health care and where you live. You can name the same person in both or different people.
Can my spouse manage my finances if I lose capacity?
Not automatically. A spouse or adult interdependent partner has no legal authority over assets in your name. Without an enduring power of attorney, your spouse may need to apply to the Court of King's Bench to be appointed your trustee under the Adult Guardianship and Trusteeship Act.
How often should I update my will?
Review your will, power of attorney and personal directive every three to five years, and after major life events: marriage, separation, divorce, a new child, a significant change in assets, a move to Alberta, or the death or illness of someone named in your documents.
Do I need a living trust instead of a will?
Most people do not. A well-drafted will with an enduring power of attorney and personal directive meets the needs of many Calgary families. A living trust can help with business succession, privacy, disability planning or tax goals, but it has costs and reporting obligations.
This information is general and is not legal advice. For advice on your situation, book a consultation.
Book a consultation with our Calgary team to prepare or review your will, power of attorney and personal directive.
or call 587-333-4358
