To legally update or revoke a will in Alberta, you can write a new will, create a codicil, or intentionally destroy the original document. Preparing a new will with a law firm generally costs $500 to $1,000 CAD and prevents confusion.
Life is constantly changing, and your estate plan should change with it. Whether you have recently had a child, gone through a divorce, or experienced a significant shift in your financial situation, your current will might no longer reflect your true wishes. Keeping your documents up to date is one of the most important responsibilities of adulthood.
Understanding how to legally revoke or update an existing will in Alberta is critical. A simple mistake, like writing over your original document with a pen, can lead to your entire will being thrown out by the courts. Whether you live in Edmonton, Calgary, or Grande Prairie, the Alberta Wills and Succession Act dictates specific rules you must follow to make sure your new wishes are legally binding. 📍
Step-by-Step Process in Alberta
In Alberta, you cannot simply cross out a paragraph in your old will and expect it to hold up at the Court of King’s Bench. You must take formal steps to either amend the document or cancel it entirely. Here is the process most residents follow when updating their estate plans.
Step 1: Review Your Current Document
The first step is to carefully read your existing will. Identify what needs to change—such as removing an ex-spouse, adding a new beneficiary, or changing your named executor. Note that in Alberta, unlike some other provinces, simply getting married no longer automatically revokes an existing will. You must actively take steps to update it.
Step 2: Choose Your Update Method
If you only need a minor change, such as updating an executor’s address, you can create a codicil. A codicil is a legal amendment attached to your original will. However, if you are making major changes regarding who inherits what, most lawyers strongly advise completely revoking the old will and writing a brand new one to avoid confusion. 📝
Step 3: Draft and Execute the New Document
Whether you choose a codicil or a new will, the new document must be drafted properly. A new will should always include a revocation clause, which states: “I hereby revoke all former wills and codicils made by me.” You must sign this new document in the physical presence of two adult witnesses, who must also sign it.
Step 4: Destroy the Old Copies
If you wrote a completely new will, it is incredibly important to destroy the original physical copy of the old one. Alberta law recognizes physical destruction (such as burning, tearing, or shredding) as a valid way to revoke a will, provided you do so with the strict intention of revoking it. Be sure to instruct anyone holding a copy to destroy it as well.
How Much Does it Cost in Alberta?
Updating your will is an investment in your family’s future. The costs will depend on whether you are making a minor tweak or rewriting your entire estate plan. Below are the estimated legal fees in CAD.
- Drafting a Codicil: If you only need minor adjustments, a law firm will typically charge between $250 and $500 CAD.
- Writing a New Will: Completely rewriting your will generally costs between $500 and $1,000 CAD for an individual.
- Physical Destruction: Revoking your old will by destroying it yourself costs $0 CAD, but doing this without a new will in place leaves you intestate.
| Update Method | Best Used For | Witness Requirements in Alberta |
| Codicil | Minor changes (e.g., changing an executor) | Two adult witnesses required |
| New Will | Major life events (marriage, divorce, new children) | Two adult witnesses required |
| Physical Destruction | Cancelling all past wishes entirely | Must be destroyed by the testator with intent |
How Long Does the Process Take?
Updating an estate plan is generally much faster than creating one from scratch, as you already understand the basics. If you consult a local lawyer to draft a codicil or a new will, the process usually takes about 1 to 3 weeks.
Once the document is signed and witnessed, the revocation of your old will is immediate. There is no waiting period or government registration required in Alberta for the new document to take full legal effect. 🕐
Frequently Asked Questions (FAQ)
Does getting a divorce automatically revoke my will in Alberta?
No, a divorce does not automatically revoke your entire will. However, under Alberta law, any gifts made to an ex-spouse, or their appointment as an executor, are automatically considered invalid unless the will specifically states otherwise.
Can I just cross out a name in my will and initial it?
It is highly risky. While alterations can technically be valid if properly signed and witnessed in the margins, it often leads to court disputes. A codicil or a new will is always the safer route.
What happens if my original will is lost but not destroyed?
If the original cannot be found after your death, the Court of King’s Bench will generally presume you destroyed it with the intent to revoke it, unless evidence proves it was accidentally lost.
Can someone else destroy my will for me?
Yes, but only if they destroy it in your presence and strictly under your direct instruction. If they destroy it without your permission, the will is not legally revoked.
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