Your last will and testament are a legal document that communicates your wishes in the event of your death. This includes everything from how to distribute your assets to beneficiaries, such as properties, money, and other personal items, to appointing a guardian for minor children. It can also outline your funeral and burial wishes and charitable donations.
Your will is also where you will appoint an executor, who will be responsible for settling your estate. In Alberta, an executor can also be referred to as a personal representative.
Your will serves as a roadmap for your loved ones and family, guiding them through your wishes after you are no longer present.
What happens when you die without a will in Alberta?
Intestate is the formal term for dying without a will in Alberta. If you die intestate, your assets will be distributed according to Alberta’s laws. The courts will also appoint an executor and guardian for minor children on your behalf.
While this may seem straightforward, the court’s decisions may not align with what you would have wanted. Anyone who believes they have a right may request to be part of the distribution of your assets, and the court will have to consider and review the case.
Beyond the financial implications, dying without a will can create an additional burden and stress for your family. Without your will, your family will have to guess what your final wishes would have been, which can be costly and time-consuming, causing delays in the process.
The Wills and Succession Act determines what happens to the estate of the deceased person if they do not have a valid will. If you die without a will in Alberta, your assets generally are distributed as follows:
a). If you have a spouse but no children, your spouse receives 100% of your estate.
b). If you have a spouse and children, and those children also belong to your spouse, 100% of your estate goes to your spouse.
c). If you have a spouse and children, and they do not belong to your spouse, your spouse receives 50% of your estate, and the rest is divided among your children.
d). If you have no spouse but have children, your estate is divided equally among your children.
e). If you have no spouse or children, your estate is divided equally among your parents. If only one is alive, they will receive your entire estate.
f). If you have no surviving parents, your siblings will receive your estate. If they also do not survive, your children (nieces and nephews) will inherit their share.
It’s important to note that common-law spouses and other loved ones are not always included in provincial rules. They may be vulnerable if you die without a will, making it even more crucial to have one if you have wishes that involve other people.
Additionally, creating power of attorney documents and personal directives is very important. A personal directive is a legal document that names someone to make decisions regarding your personal care if you cannot communicate due to injury or illness hindering your mental capacity.
Alberta does not have living wills, which typically include medical treatment or end-of-life wishes. Instead, that information is included in the personal directive.
I hope this information proves helpful to you.
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Fernando Triana
Legal Assistant | Notary Public en Alberta, Canada
Phone: +1 780 9321783
E-mail: info@notary4you.ca