The ultimate guide to estate planning and legal challenges in Alberta

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Trevor is a thought leader in Digital Journal’s Insight Forum (become a member).

Estate planning is one of the most important financial and legal decisions you can make. Yet many Albertans delay it, often until it’s too late. Whether you’re preparing your first will or managing a complex estate, understanding the legal landscape is critical.

This guide compiles insights from the lawyers at Burnet, Duckworth & Palmer featured in Digital Journal’s Insight Forum, helping you navigate Alberta’s evolving probate system and prevent inheritance disputes.

With billions in wealth set to transfer between generations and Alberta’s probate system moving online, it’s more important than ever to plan ahead.

Key Trends:

• Probate processing delays due to digital transition
• Increased inheritance disputes due to rising property values and blended families
• Lack of preparation leading to confusion and litigation

Estate planning is about more than writing a will. It’s an ongoing process that should protect your assets, minimize family conflict, and adapt to life changes.

Best practices:

• Start planning early
• Use qualified estate lawyers and planners
• Talk to your family about your intentions
• Update your plan regularly

An intestate estate (i.e. no valid will) can result in:

• A court-appointed administrator, not someone you choose
• Assets divided by legislation, not personal relationships
• Legal delays, extra costs, and family conflict

Read more about dying without a will

Probate is the legal process that confirms a will’s validity and gives the executor the authority to distribute the estate.

Probate is typically required when:

• The estate includes real estate
• Banks or institutions require court documentation
• There are potential disputes or unclear instructions

The new Surrogate Digital Service allows lawyers to submit probate applications online. Simple estates can be processed in as little as 10 days.

However, a poorly drafted will can still lead to delays, even in the digital system.

Read more about Alberta’s digital probate system

Conflicts often arise when expectations aren’t clear or sentimental assets aren’t addressed. Planning ahead can help avoid lasting damage to family relationships.

Tips to prevent conflict:

• Communicate wishes in advance
• Be specific about who gets what, and why
• Consider gifting while still alive
• Appointing a neutral or professional executor

Learn more about inheritance disputes and how to avoid them

Wills are frequently challenged for reasons such as:

• Undue influence
• Lack of mental capacity
• Improper execution
• Unfair distribution or excluded dependents

Prevention strategies:

• Obtain a medical assessment when signing
• Include a no-contest clause
• Provide written reasons for gift decisions
• Use legal guidance throughout the process

Read more on preventing will challenges

Estate planning also involves planning for a time when you or your loved one might not be able to make decisions for yourselves.

Key documents:

• Power of Attorney authorizes someone to manage your finances
• Personal Directive designates someone to make healthcare decisions

Without these documents, families may need court approval to step in.

Learn more about these legal safeguards

The person you name to administer your estate plays a crucial role.

Responsibilities include:

• Identifying and managing assets
• Paying debts
• Distributing the estate and communicating with beneficiaries

Considerations:

• Use multiple representatives only when necessary
• Choose someone neutral to reduce tension
• Provide clear decision-making rules in your will

Read more about joint personal representatives

Today’s estates often include digital assets like:

• Email and cloud storage
• Cryptocurrency and online investments
• Social media, AI tools, and online businesses
• Loyalty programs and digital media

Include instructions and access information in your will or estate file.

Read more about managing digital assets

To be legally valid, a will must generally be:

• Signed by the testator in the presence of two witnesses, who also sign, or
• Fully handwritten and signed by the testator (a holograph will)

Note: Beneficiaries should not be witnesses, or their gifts may be void.

Sometimes, Alberta courts have accepted informal wills in exceptional circumstances. These may include:

• Unsent emails or Word documents
• Text messages
• Videos expressing intent
• Notes on napkins or sticky notes

However, these are risky and should only be used as a last resort. A formal will prepared by a lawyer remains the best option.

Read more about informal wills

• Reduces legal risk and uncertainty
• Ensure your intentions are upheld
• Saves time, money, and stress for your family

Estate planning ensures your assets are protected, your wishes are respected, and your family avoids unnecessary stress.

To minimize conflict and legal challenges:

• Communicate your wishes early
• Use formal, professionally drafted documents
• Appointing professional or neutral executors
• Include incapacity planning (Power of Attorney, Personal Directive)
• Keep your plan current as life changes

Estate planning is one of the most thoughtful and lasting gifts you can give your family.

If you have any questions or concerns about your estate planning or litigation needs, Reach out to our team at BD&P to learn more, or complete the form below and BD&P will be in touch.

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