Top 10 Mistakes to Avoid When Creating a Will in Alberta

Creating a will is one of the most important steps you can take to protect your loved ones and ensure your wishes are carried out. Yet, many people—understandably—find the process confusing or overwhelming. As a result, simple (and avoidable) mistakes can lead to costly and stressful consequences for your family.

Here are the top 10 mistakes to avoid when drafting your will in Alberta:

1. Not Having a Will at All

The most common mistake? Not having a will. If you pass away without one (intestate), your estate will be distributed according to Alberta’s Wills and Succession Act—not necessarily the way you would have chosen. This can lead to unintended beneficiaries or disputes among family members.

2. Using a DIY Will Without Legal Advice

Online templates and handwritten (holograph) wills are tempting, but they often miss critical legal requirements. Without proper execution, your will might be invalid or ambiguous, opening the door to legal challenges. A lawyer can help ensure your will is enforceable and tailored to your unique circumstances.

3. Choosing the Wrong Executor

Your executor is responsible for carrying out your wishes, paying debts, and distributing assets. It’s not a ceremonial role—it’s a job. Choosing someone who is not capable, trustworthy, or available can cause serious delays and disputes. Consider both their abilities and your family dynamics.

4. Not Updating Your Will After Life Changes

Marriage, divorce, a new child, the death of a beneficiary, or major financial changes are all reasons to update your will. In Alberta, marriage no longer automatically revokes a will, but divorce does affect provisions for an ex-spouse. Regular reviews keep your will relevant.

5. Forgetting to Account for Digital Assets

Your email accounts, social media profiles, cryptocurrency, and cloud storage all form part of your digital estate. Without proper planning, your executor may not have the authority—or the passwords—to access them. Our Wills have specific provisions for this to ensure your Executor can handle your Estate as efficiently as possible. 

6. Not Including a Residual Clause

A residual clause covers any assets you forgot to specifically mention. Without it, those unaddressed assets may be distributed according to intestacy laws, which can complicate estate administration.

7. Failing to Plan for Minor Children

If you have minor children, your will should name a guardian in case something happens to you and your spouse. This simple step can avoid court involvement and provide peace of mind that your children will be cared for according to your wishes.

8. Overlooking Tax Implications

Certain bequests, like RRSPs or investment properties, may trigger taxes when transferred. Without strategic planning, you could unintentionally leave your beneficiaries with a hefty tax bill. A lawyer or financial advisor can help structure your estate to minimize the tax burden.

9. Not Communicating Your Intentions

A well-written will is essential—but a good conversation can sometimes prevent a court battle. Letting your loved ones know your general intentions, especially if your decisions are likely to be unexpected, can prevent hurt feelings and misunderstandings later.

10. Storing Your Will Improperly

Even the most well-drafted will is useless if no one can find it. Store the original in a safe, fireproof place and let your executor know where it is. You may also register it with the Alberta Wills Registry (optional, but helpful).

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✅ Final Thoughts

Creating a valid and thoughtful will doesn’t have to be intimidating—but it does need to be done right. Avoiding these common mistakes can give you peace of mind knowing your legacy is protected and your loved ones are cared for.

If you’re ready to get started or need to update your will, we’re here to help. Contact Stokes Law today to book a consultation.

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