Free guide — AB

Wills & Power of Attorney — Alberta

Q: What is the minimum age to make a will in Alberta?

In Alberta, the minimum age to make a will is 18. Age 18; exceptions for those married or in an adult interdependent partnership (AIP), armed forces members, or where a court authorizes (Wills and Succession Act s.13).

Q: What is a power of attorney for property called in Alberta?

In Alberta, the instrument for managing someone's finances if they lose capacity is called a "Enduring Power of Attorney". The person appointed is called the attorney. Witnessing: Must be witnessed; disqualified: the attorney, attorney's spouse/AIP, grantor's spouse/AIP, and the person signing on behalf of the grantor and their spouse/AIP (Powers of Attorney Act s.5).

Q: What is a personal-care or health-care directive called in Alberta?

In Alberta, the instrument for health and personal-care decisions is called a "Personal Directive". The person appointed is called the agent. Witnessing: 1 witness (electronic real-time presence allowed) (s.5). Disqualified: the agent, agent's spouse/AIP, maker's spouse/AIP, and the person signing for the maker and their spouse/AIP. Treatment instructions may be included in the same document (s.7).

Province-specific rules for Alberta: will requirements (age 18, holograph valid), the Enduring Power of Attorney, and the Personal Directive.

General information only — not legal advice. This guide creates no will, POA, or directive. Laws change; consult a lawyer and verify current rules directly with the official provincial source before acting.

Part 1 — Will

Minimum age

18 years old

Age 18; exceptions for those married or in an adult interdependent partnership (AIP), armed forces members, or where a court authorizes (Wills and Succession Act s.13).

Witnesses required

2 witnesses both present at the same time; each witness signs in the testator's presence (s.15).

Holograph (handwritten, no witnesses)

VALID

Valid -- entirely in the testator's handwriting and signed (s.16). No witnesses required.

Curative power (court can fix a flawed will)

YES

Courts have a curative / dispensing power (s.37) to give effect to a document as a will even if it does not meet formal requirements.

Official source

Wills and Succession Act, S.A. 2010, c. W-12.2

Never have a beneficiary witness your will

If a beneficiary or their spouse/AIP witnesses the will, the gift to them is void (s.21). The court has a saving power (s.40); application must be made within 6 months.

Part 2 — Power of Attorney for Property

Called in Alberta

Enduring Power of Attorney

The person you appoint is called

attorney

Witnessing required

Must be witnessed; disqualified: the attorney, attorney's spouse/AIP, grantor's spouse/AIP, and the person signing on behalf of the grantor and their spouse/AIP (Powers of Attorney Act s.5).

Enduring (survives incapacity)

Yes -- survives incapacity (must be drafted as "enduring").

Can be made springing (contingent on incapacity)

Yes -- can take effect only when a triggering event (such as incapacity certified by a doctor) occurs. Discuss with a lawyer.

Official source

Powers of Attorney Act, R.S.A. 2000, c. P-20

Part 3 — Personal-Care / Health-Care Directive

Called in Alberta

Personal Directive

The person you appoint is called

agent

Witnessing required

1 witness (electronic real-time presence allowed) (s.5). Disqualified: the agent, agent's spouse/AIP, maker's spouse/AIP, and the person signing for the maker and their spouse/AIP. Treatment instructions may be included in the same document (s.7).

Official source

Personal Directives Act, R.S.A. 2000, c. P-6

When to see a lawyer in Alberta

Making or updating a will: always recommended. A lawyer-drafted will is typically inexpensive relative to estate value.

Any power of attorney for property or personal-care directive -- the person you appoint will have significant authority.

Complex situations: business interests, cross-border assets, blended family, minor children, or capacity concerns.

Verify current rules with a lawyer -- legislation changes and this guide may not reflect the most recent amendments.

Download the Alberta checklist

All the instrument names, witnessing rules, and checklist items above in a branded PDF. Free. This checklist does not create any legal document.

Free. General information only -- not legal or regulatory advice.

Next step

Executor Guide — Alberta

Named as executor? Probate, CRA TX19, compensation.

When Someone Dies — Alberta

Death Certificate, Service Canada, CRA — free checklist.

Common questions — Alberta

What is the minimum age to make a will in Alberta?

In Alberta, the minimum age is 18. Age 18; exceptions for those married or in an adult interdependent partnership (AIP), armed forces members, or where a court authorizes (Wills and Succession Act s.13).

Is a handwritten (holograph) will valid in Alberta?

Valid -- entirely in the testator's handwriting and signed (s.16). No witnesses required.

What is a power of attorney for property called in Alberta?

In Alberta it is called a "Enduring Power of Attorney". The person appointed is the attorney. Witnessing: Must be witnessed; disqualified: the attorney, attorney's spouse/AIP, grantor's spouse/AIP, and the person signing on behalf of the grantor and their spouse/AIP (Powers of Attorney Act s.5).

What is a personal-care directive called in Alberta?

In Alberta it is called a "Personal Directive". The person appointed is the agent. Witnessing: 1 witness (electronic real-time presence allowed) (s.5). Disqualified: the agent, agent's spouse/AIP, maker's spouse/AIP, and the person signing for the maker and their spouse/AIP. Treatment instructions may be included in the same document (s.7).

Wills & POA guides for other provinces

ON — Ontario BC — British Columbia SK — Saskatchewan MB — Manitoba QC — Quebec NB — New Brunswick NS — Nova Scotia PE — Prince Edward Island NL — Newfoundland & Labrador

Guidepost is not a law firm. This guide is for general informational purposes only. Full disclaimer