Free guide: AB

Wills & Power of Attorney: Alberta

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.

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).

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.

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

Last updated: June 2026

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