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FREE GUIDE: AB

Wills & Power of Attorney: Alberta

This page is the free Alberta guide. No sign-in. Read on, or take the checklist as a PDF.

Facts checked September 2026 · See what changed · How we check

Province-specific rules for Alberta: will requirements (age 18, holograph valid), and 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.

  1. 1

    Part 1: Will

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    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.

    Never have a beneficiary witness your will

    If a beneficiary or their spouse/AIP witnesses the will, the gift to them is normally void (s.21), but not if the will is a holograph or military will under s.16 or 17, or if at least 2 other individuals also witnessed the signature (s.21(2)). The court has a saving power (s.40); the application must normally be made within 6 months of the grant, though the court may extend that period.

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  2. 2

    Part 2: Power of Attorney for Property

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    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.

    Partner · Guidepost earns a commission

    If you go the do-it-yourself route, a template service such as LawDepot's power of attorney walks you through the questions; the witnessing rules above still apply.

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  3. 3

    Part 3: Personal-Care / Health-Care Directive

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    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).

    Partner · Guidepost earns a commission

    If you go the do-it-yourself route, a template service such as LawDepot's personal directive walks you through the questions; the witnessing rules above still apply.

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  4. 4

    When to see a lawyer in Alberta

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    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.

    Keep it with the rest. This one files behind tab 7 of the Home File.

    Where Everything Is: the non-legal companion to a will and powers of attorney →

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  5. 5

    Common questions: Alberta

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    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).
    What laws govern wills and powers of attorney in Alberta?
    In Alberta, wills are governed by the Wills and Succession Act, S.A. 2010, c. W-12.2, and powers of attorney for property by the Powers of Attorney Act, R.S.A. 2000, c. P-20. Each section on this page links to the official source.

    Facts checked September 2026

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

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Informational guide only. Guidepost is not a law firm. This guide explains the typical process and is not legal advice. Requirements can change. Verify current rules with the relevant government authority or a qualified professional before you act.