Will

Front 1

testator, a person who ______ (as opposed to an intestate, a person who ____).

A will, a document made by a testator directing how his or her estate is to be distributed upon death.

Back 1

Throughout this module and the next, we will refer to the testator, a person who dies with a will (as opposed to an intestate, a person who dies without a will). We will also refer throughout these modules to a will, a document made by a testator directing how his or her estate is to be distributed upon death.

Front 2

In Alberta, wills are governed by the _____(the “____”). This legislation sets out all of the requirements that a will must meet in order to be valid in Alberta.

Back 2

In Alberta, wills are governed by the Wills and Succession Act (the “WSA”). This legislation sets out all of the requirements that a will must meet in order to be valid in Alberta.

Front 3

Who can make a valid will

Back 3

At least 18, no upper age limit

Has testamentary capability

Front 4

While the normal rule is that the testator must be at least 18 years old to make a will, in some situations a minor (a person under the age of 18) can make a will. Section 13 provides that a minor can make a will where he or she:

Back 4

Has or has had a spouse or adult interdependent partner; Is a member of the Canadian Forces; orIs authorized by an order of the Court.

Front 5

While the normal rule is that the testator must be at least 18 years old to make a will, in some situations a minor (a person under the age of 18) can make a will. Section 13 provides that a minor can make a will where he or she:

Back 5

Has or has had a spouse or adult interdependent partner; Is a member of the Canadian Forces; orIs authorized by an order of the Court.

Front 6

“Testamentary capacity” refers to __________. To establish this capacity, the testator must meet a number of tests. If the testator does not meet these tests, he or she has no testamentary capacity and any will that he or she makes will therefore be invalid.

Back 6

“Testamentary capacity” refers to the testator’s mental ability to understand the nature and consequences of the will that he or she is making. To establish this capacity, the testator must meet a number of tests. If the testator does not meet these tests, he or she has no testamentary capacity and any will that he or she makes will therefore be invalid.

Front 7

Testamentary capacity means that the testator understands:

4

Back 7

 That he or she is making a will that gives away his or her property on death;

 To whom he or she is giving the property;

 The extent of the property being given away; and

 That dependants may still make a Family Maintenance and Support claim for a larger share of the estate. This means that if a client wants to make a will that does not adequately provide for a dependant (as defined in the previous module and again later in this module), the client can do so as long as he or she understands that the dependant may bring a Family Maintenance and Support application to claim a larger share of the estate.

Front 8

The courts will generally try to uphold a will if at all possible. This is largely because by the time the court is asked to determine a will’s validity, the testator has already died and there is no way of having the testator make a new will if the court finds the original will to be invalid.In some situations, however, the court will indeed overturn either the entire will or a particular provision in the will. _______ is usually the result when the entire will is overturned. The testator’s estate will thenbe distributed according to the ______, not according to his or her wishes in the invalid will.

Back 8

Intestacy

intestacy provisions of the WSA

Front 9

When only a particular provision is overturned, the results of striking down the provision depend on ______. If the court strikes down a specific gift, the gift will ______. If the court strikes down a provision relating to residue, the residue will ________ and will pass to the ________.

Back 9

When only a particular provision is overturned, the results of striking down the provision depend on whether the provision relates to a specific gift or to residue. If the court strikes down a specific gift, the gift will lapse into residue. If the court strikes down a provision relating to residue, the residue will lapse into intestacy and will pass to the testator’s beneficiaries according to the intestacy provisions of the WSA. Specific gifts, residue, and lapse are discussed in more detail later in this module.

Front 10

There are three main reasons why the court may decide to overturn part of a will, or even the entire will:

Back 10

Undue influence

Against public policy

Lack of testamentary capacity

Front 11

What property can be left in a will?

The testator can dispose of any of his or her ______in a will. This includes ______, ________, and even property in which the testator has only a ______\.

Back 11

The testator can dispose of any of his or her solely-owned property in a will. This includes real property (or land), personal property, and even property in which the testator has only a contingent or future interest.

Front 12

If the testator owns property as a tenancy-in-common, then the testator can _______ in the will. For instance, if you and your three sisters own a vacation home as tenants-in-common in equal shares, you can make a will which disposes of your ______.

Back 12

If the testator owns property as a tenancy-in-common, then the testator can leave his or her share of that property in the will. For instance, if you and your three sisters own a vacation home as tenants-in-common in equal shares, you can make a will which disposes of your one-quarter share of this property.

Front 13

if the testator owns property in a joint tenancy, then the testator ______ in his or her will. Joint tenancy carries with it _______. This means that when one joint tenant dies, the property will usually _______. As a result, jointly- owned property cannot be _____and is not an ______.

Back 13

However, if the testator owns property in a joint tenancy, then the testator cannot include this property in his or her will. Joint tenancy carries with it the right of survivorship. This means that when one joint tenant dies, the property will usually pass directly to the surviving joint tenant(s). As a result, jointly- owned property cannot be left in the will and is not an estate asset.

Front 14

Life insurance policies and other designated beneficiary assets _____ in the will. However, the law firm must be careful to ensure that ________. For instance, if your life insurance policy specifically designates your brother as the beneficiary but you later make a will that leaves the proceeds to your sister, this may create a problem.

In general, the _______ will be upheld. However, in order to avoid any potential conflict, many lawyers ______ right into the will which states that the designation in the will ______ any designation in the insurance policy.

Back 14

Life insurance policies and other designated beneficiary assets can be left in the will. However, the law firm must be careful to ensure that the designation on the policy does not conflict with the designation in the will. For instance, if your life insurance policy specifically designates your brother as the beneficiary but you later make a will that leaves the proceeds to your sister, this may create a problem.

In general, the most recent designation will be upheld. However, in order to avoid any potential conflict, many lawyers put an insurance declaration right into the will which states that the designation in the will takes precedence over any designation in the insurance policy.

In general, the most recent designation will be upheld. However, in order to avoid any potential conflict, many lawyers put an insurance declaration right into the will which states that the designation in the will takes precedence over any designation in the insurance policy.

Front 15

Life insurance policies and other designated beneficiary assets _____ in the will. However, the law firm must be careful to ensure that ________. For instance, if your life insurance policy specifically designates your brother as the beneficiary but you later make a will that leaves the proceeds to your sister, this may create a problem.

In general, the _______ will be upheld. However, in order to avoid any potential conflict, many lawyers ______ right into the will which states that the designation in the will ______ any designation in the insurance policy.

Back 15

Life insurance policies and other designated beneficiary assets can be left in the will. However, the law firm must be careful to ensure that the designation on the policy does not conflict with the designation in the will. For instance, if your life insurance policy specifically designates your brother as the beneficiary but you later make a will that leaves the proceeds to your sister, this may create a problem.

In general, the most recent designation will be upheld. However, in order to avoid any potential conflict, many lawyers put an insurance declaration right into the will which states that the designation in the will takes precedence over any designation in the insurance policy.

In general, the most recent designation will be upheld. However, in order to avoid any potential conflict, many lawyers put an insurance declaration right into the will which states that the designation in the will takes precedence over any designation in the insurance policy.

Front 16

How can property be left in a will?

Back 16

Specific gift

Residue

Front 17

Specific gift: The terms _____ or _______ are commonly used to refer to a gift of personal property (which includes a gift of cash). The term ______ is commonly used to refer to a gift of real property. For instance, if you leave your mother a gift of $20,000, this is a bequest. If you leave your motorcycle to your friend, this is also a bequest. If you leave your vacation home to your brother, this is a devise, as it is a gift of real property.

Back 17

Specific gift: The terms bequest or legacy are commonly used to refer to a gift of personal property (which includes a gift of cash). The term devise is commonly used to refer to a gift of real property. For instance, if you leave your mother a gift of $20,000, this is a bequest. If you leave your motorcycle to your friend, this is also a bequest. If you leave your vacation home to your brother, this is a devise, as it is a gift of real property.

Front 18

Residue refers to what is left in your estate after ______and after ________.

Back 18

Residue: Residue refers to what is left in your estate after all your debts and expenses have been paid and after all your bequests and devises have been distributed.

Front 19

Regardless of whether property is left as a specific gift or as residue, property can be given to a beneficiary in three different ways.

Back 19

Left outright

Left in trust

left as a life estate

Front 20

Regardless of whether property is left as a specific gift or as residue, property can be given to a beneficiary in three different ways. First, it can be left outright, which means that the _______ (assuming that _______ and that ______). In other words, there are no _________.

Back 20

Regardless of whether property is left as a specific gift or as residue, property can be given to a beneficiary in three different ways. First, it can be left outright, which means that the beneficiary inherits the property as soon as the testator dies (assuming that the testator owns the property at death and that the property does not need to be sold to pay the testator’s debts). In other words, there are no conditions or restrictions on how or when the beneficiary will inherit this property.

Front 21

Second, the property can be left in trust. This means that the beneficiary does not ______. Instead, the property will be __________. This is very common where ________in trust and are held in trust until the children reach a specified age, which is often 21, 25, or 30.

Back 21

Second, the property can be left in trust. This means that the beneficiary does not get the property right away. Instead, the property will be held by someone else on the beneficiary’s behalf until a certain time has been reached or a certain event has happened, as specified in the will. This is very common where gifts are given to children in trust and are held in trust until the children reach a specified age, which is often 21, 25, or 30.

Front 22

Third, the property can be left as a life estate. This means that the gift is given to the beneficiary for _______. When the beneficiary dies, the gift goes to ________. This is common in situations where a spouse wants to make sure that his or her spouse is financially looked after for the rest of that spouse’s life, but wants his or her children to ultimately inherit the property once the other spouse has died.

Back 22

Third, the property can be left as a life estate. This means that the gift is given to the beneficiary for the beneficiary’s use during the beneficiary’s lifetime. When the beneficiary dies, the gift goes to someone else as specified in the testator’s will. This is common in situations where a spouse wants to make sure that his or her spouse is financially looked after for the rest of that spouse’s life, but wants his or her children to ultimately inherit the property once the other spouse has died.

Front 23

Two ways a gift can fail

Back 23

Lapse

Ademption

Front 24

A gift can fail when ________. This is referred to as lapse. Section 32 of the WSA states that a gift that lapses will go to ________.

Back 24

A gift can fail when the beneficiary predeceases (or dies before) the testator. This is referred to as lapse. Section 32 of the WSA states that a gift that lapses will go to an alternate beneficiary as designated in the will.

Front 25

If no alternate beneficiary is designated, and the deceased beneficiary was a child or grandchild of the deceased, the gift will go to the ________.

Back 25

If no alternate beneficiary is designated, and the deceased beneficiary was a child or grandchild of the deceased, the gift will go to the child or grandchild’s descendants.

Front 26

If no alternate beneficiary is designated, and the deceased beneficiary was not a child or grandchild of the deceased, the gift will go to the _______.

Back 26

If no alternate beneficiary is designated, and the deceased beneficiary was not a child or grandchild of the deceased, the gift will go to the residuary beneficiaries of the will.

Front 27

If there are no residuary beneficiaries of the will, the gift will be ______.

Back 27

If there are no residuary beneficiaries of the will, the gift will be distributed according to the intestacy provisions of the WSA.

Front 28

Therefore, in order to ensure that the testator has control over where his or her property ends up, it is important to consider providing “gift-overs,” which are ________.

Back 28

Therefore, in order to ensure that the testator has control over where his or her property ends up, it is important to consider providing “gift-overs,” which are clauses setting out alternate beneficiaries to inherit specific gifts and the residue of the estate.

Front 29

A second way that a gift can fail is where the testator either does not own the property left in the will or the property no longer exists when the testator dies. As we know, a will does not take effect until death. Until that time, the testator can do whatever he or she likes with his or her property. However, if at the time of death the testator either does not ______ or ________, then ademption has occurred. This means that the beneficiary will not receive the gift that the will left to him or her. Indeed, unless the will has provided an alternative gift, the beneficiary will receive nothing.

Back 29

A second way that a gift can fail is where the testator either does not own the property left in the will or the property no longer exists when the testator dies. As we know, a will does not take effect until death. Until that time, the testator can do whatever he or she likes with his or her property. However, if at the time of death the testator either does not own the property or the property no longer exists, then ademption has occurred. This means that the beneficiary will not receive the gift that the will left to him or her. Indeed, unless the will has provided an alternative gift, the beneficiary will receive nothing.

Front 30

A will takes effect only on a testator's death. This means that the testator can _______ before death.

A will can be altered in two different ways. First, ________. Second, the changes can be put into a _____, which is a _______

Back 30

As we have discussed several times in this module, a will takes effect only on a testator's death. This means that the testator can change his or her will as often as he or she likes before death.

A will can be altered in two different ways. First, the changes can be made right on the will itself. Second, the changes can be put into a codicil, which is a supplementary document that is attached to the will itself.

A will can be altered in two different ways. First, the changes can be made right on the will itself. Second, the changes can be put into a codicil, which is a supplementary document that is attached to the will itself.

Front 31

Regardless of whether the alterations are made on the original will or by way of a codicil, s.19 of the WSA says that alterations must be executed the same way as the ______. For instance, if the

Back 31

Regardless of whether the alterations are made on the original will or by way of a codicil, s.19 of the WSA says that alterations must be executed the same way as the original will was executed. For instance, if the

Front 32

If a will is a “normal” will, then the alterations/codicil need to be _______ and ______, just as the original will needed to be signed by the testator and witnessed by two witnesses (although the witnesses to the alterations/codicil do not have to be ________).

Back 32

will is a “normal” will, then the alterations/codicil need to be signed by the testator and witnessed by two witnesses, just as the original will needed to be signed by the testator and witnessed by two witnesses (although the witnesses to the alterations/codicil do not have to be the same people who witnessed the original will).

Front 33

By contrast, if the original will was a holograph will, then any alterations to that will need to be _______. These alterations do not need to be witnessed, as the original holograph will did not need to be witnessed.

Back 33

By contrast, if the original will was a holograph will, then any alterations to that will need to be signed only by the testator. These alterations do not need to be witnessed, as the original holograph will did not need to be witnessed.

Front 34

A will can also be ______, or ______, at any time before the testator’s death. As we will see, revocation occurs automatically in certain situations. As well, revocation can also occur when _____.

Back 34

A will can also be cancelled, or revoked, at any time before the testator’s death. As we will see, revocation occurs automatically in certain situations. As well, revocation can also occur when the testator expressly revokes the will.

the testator expressly revokes the will

Front 35

A will can be revoked by:

Back 35

A Subsequent will

 A written statement declaring the testator’s intent to revoke the will (and the written statement must be executed the same way as the ________); and

Front 36

 Physical acts of revocation, which include ______, ________, or otherwise _______.

Back 36

 Physical acts of revocation, which include intentionally burning the will, tearing up the will, or otherwise destroying the will.

Front 37

In addition, if the testator gets divorced or ceases to be an Adult Interdependant Partner after the execution of the will, then any _________.

Back 37

In addition, if the testator gets divorced or ceases to be an Adult Interdependant Partner after the execution of the will, then any gift or appointment under the will is void.

Front 38

Once a will has been revoked, it can be ______ in certain circumstances. In particular, the WSA provides that revival can occur either by ______(which means ______in accordance with the formal requirements for validity discussed above), or by _______.

Back 38

Once a will has been revoked, it can be brought back to life in certain circumstances. In particular, the WSA provides that revival can occur either by re-executing the will (which means re-signing the will in accordance with the formal requirements for validity discussed above), or by executing a codicil.

Front 39

The testator should be aware that there are certain situations where family members may challenge the will to get more of the estate after the testator has passed away. These challenges can be made under the __________provisions of the WSA, the Dower Act and the Family Property Act.

Back 39

The testator should be aware that there are certain situations where family members may challenge the will to get more of the estate after the testator has passed away. These challenges can be made under the Family Maintenance and Support provisions of the WSA, the Dower Act and the Family Property Act.

Front 40

Four types of valid will in AB

Back 40

Formal will

Holograph will

Will of Canadian Forces active member/mariner or seaman on a voyage

4. Wills made outside of Alberta

Front 41

The Family Maintenance and Support provisions of the WSA allow the _______. This lets a family member get around the deceased’s will where the will did not __________.

Back 41

The Family Maintenance and Support provisions of the WSA allow the deceased's family members to apply for a greater share of the estate than the will gives them. This lets a family member get around the deceased’s will where the will did not adequately provide for the family member’s financial needs.

Front 42

A family member includes

Back 42

Surviving widow

an AIP

A child under 18

A child between 18 and 22 who is attending school full time

A child over 18 who can't earn a livelihood as result of physical or mental disabilities.

A grand child or great grand child is the testator stood in the place of parent to the child

Front 43

A family member has _____ to bring a Family Maintenance and Support (FMS) application. This time limit starts running from when ______. It is up to the family member to convince the court that ________

Back 43

A family member has ______ to bring a Family Maintenance and Support (FMS) application. This time limit starts running from when ________. It is up to the family member to convince the court that due to his or her particular financial circumstances, the family member needs a larger share of the estate than the will gives him or her.

A family member has six months to bring a Family Maintenance and Support (FMS) application. This time limit starts running from when the person handling the deceased’s estate obtains his or her court authority to act for the estate. It is up to the family member to convince the court that due to his or her particular financial circumstances, the family member needs a larger share of

Front 44

If the family member succeeds in the application, the additional money that the family member receives for support (as well as the costs of the application) is _______. The rest of the estate is then ______. Obviously, the amount of family maintenance and support that a family member receives will reduce the money that the beneficiaries receive under the will.

Back 44

If the family member succeeds in the application, the additional money that the family member receives for support (as well as the costs of the application) is deducted first from the estate. The rest of the estate is then distributed according to the will’s provisions. Obviously, the amount of family maintenance and support that a family member receives will reduce the money that the beneficiaries receive under the will.

Front 45

Where a married couple resided together in the homestead (or residence) and where the spouse that died was the sole owner of the home, s.18 of the Dower Act gives _________. This is true even if the deceased spouse’s will leaves the residence to someone else. This means that as long as the surviving spouse is alive, he or she has the right to remain in the house, and the house cannot be given to the beneficiary under the will unless _________.

Back 45

Where a married couple resided together in the homestead (or residence) and where the spouse that died was the sole owner of the home, s.18 of the Dower Act gives the surviving married spouse a life estate in the home. This is true even if the deceased spouse’s will leaves the residence to someone else. This means that as long as the surviving spouse is alive, he or she has the right to remain in the house, and the house cannot be given to the beneficiary under the will unless the surviving spouse consents or a court order is obtained dispensing with that spouse’s consent.

Front 46

Another claim that affects succession under a will is the ________ (FPA). This act sets out a mechanism for _______. The FPA provides that if the surviving spouse or adult interdependent partner (AIP) could have made a claim for his or her share of the family property before the deceased’s death, the surviving spouse or AIP can

Back 46

Another claim that affects succession under a will is the Family Property Act (FPA). This act sets out a mechanism for dividing family property where a marriage or adult interdependent partnership has broken down. The FPA provides that if the surviving spouse or adult interdependent partner (AIP) could have made a claim for his or her share of the family property before the deceased’s death, the surviving spouse or AIP can still make a claim for his or her share of the family property after the deceased’s death.

Front 47

Another claim that affects succession under a will is the Family Property Act (FPA). This act sets out a mechanism for dividing family property where a marriage or adult interdependent partnership has broken down. The FPA provides that if the surviving spouse or adult interdependent partner (AIP) could have made a claim for his or her share of the family property before the deceased’s death, the surviving spouse or AIP can still make a claim for his or her share of the family property after the deceased’s death.

Back 47

Another claim that affects succession under a will is the Family Property Act (FPA). This act sets out a mechanism for dividing family property where a marriage or adult interdependent partnership has broken down. The FPA provides that if the surviving spouse or adult interdependent partner (AIP) could have made a claim for his or her share of the family property before the deceased’s death, the surviving spouse or AIP can still make a claim for his or her share of the family property after the deceased’s death.

H

Front 48

A family property action can be brought within_____ after the _____, or in the case of AIPs, ______ from the time the AIPs stopped being AIPs. For instance, this means that if a couple divorces and an ex-wife/husband dies a few months later, the surviving ex-spouse can still bring a family property action against the deceased’s estate because they could have brought this action against the deceased spouse if they hadn’t died.

Back 48

A family property action can be brought within 2 years after the granting of a divorce decree, or in the case of AIPs, 2 years from the time the AIPs stopped being AIPs. For instance, this means that if a couple divorces and an ex-wife/husband dies a few months later, the surviving ex-spouse can still bring a family property action against the deceased’s estate because they could have brought this action against the deceased spouse if they hadn’t died.

Front 49

1

Back 49

1

Front 50

it is important to note that even if a will is made outside of Alberta and is therefore a _____, it may still be recognized and upheld by Alberta courts in relation to Alberta property. If the will deals with Alberta land, then it must ______ in order to be valid.

Back 50

Finally, it is important to note that even if a will is made outside of Alberta and is therefore a foreign will, it may still be recognized and upheld by Alberta courts in relation to Alberta property. If the will deals with Alberta land, then it must comply with the requirements of the WSA in order to be valid.

Front 51

Most wills in Alberta, including wills prepared by a law firm and those prepared using a home will kit, fall into the category of a “formal” will as opposed to the two special types of wills discussed below. To be valid in Alberta, these wills must meet the requirements set out in sections 13 to 21 of the WSA. In particular:

 They must be ____ (i.e., they cannot be _____ wills);

 They must be _______, or by ________ and at _______, at the end of the will (and many law firms also have the testator _______where the will is longer than one page, although this is not required under the WSA);

 The testator must sign the will in the presence of _________ when the testator signs. These witnesses are referred to as ________; and

Back 51

Most wills in Alberta, including wills prepared by a law firm and those prepared using a home will kit, fall into the category of a “formal” will as opposed to the two special types of wills discussed below. To be valid in Alberta, these wills must meet the requirements set out in sections 13 to 21 of the WSA. In particular:

 They must be written (i.e., they cannot be verbal wills);

 They must be signed by the testator, or by another person in the testator’s presence and at his or her direction, at the end of the will (and many law firms also have the testator initial each page of the will where the will is longer than one page, although this is not required under the WSA);

 The testator must sign the will in the presence of two witnesses who are both present when the testator signs. These witnesses are referred to as the attesting witnesses; and

Front 52

It is important to realize that certain people cannot be a witness to the will. In particular, a beneficiary, the spouse of a beneficiary, and the adult interdependent partner of a beneficiary cannot be a witness. If this happens, the gift to the beneficiary is void and will lapse unless there are at least another two witnesses to the will in addition to the beneficiary, beneficiary’s spouse, or the beneficiary's adult interdependent partner.It is important to realize that certain people cannot be a witness to the will. In particular, a ______, the ______, and the _________cannot be a witness. If this happens, the gift to the beneficiary is _____ and will ______ unless _______ in addition to the these people.

Back 52

It is important to realize that certain people cannot be a witness to the will. In particular, a beneficiary, the spouse of a beneficiary, and the adult interdependent partner of a beneficiary cannot be a witness. If this happens, the gift to the beneficiary is void and will lapse unless there are at least another two witnesses to the will in addition to the beneficiary, beneficiary’s spouse, or the beneficiary's adult interdependent partner.

Front 53

Contrary to what many people believe, however, the ______ can still be a witness to the will as long as _______. As well, even if the testator owed money to someone, _______ can still be a witness to the will as long as ___________.

Back 53

Contrary to what many people believe, however, the Executor named in the will can still be a witness to the will as long as he or she is not a beneficiary. As well, even if the testator owed money to someone, that creditor can still be a witness to the will as long as he or she is not a beneficiary.

Front 54

A second type of will that is recognized in Alberta (although it is not recognized in many other jurisdictions) is a holograph will. This is a will that is ________. If a will is partly handwritten and partly typed (as would happen where the testator is filling in the blanks of a preprinted will in a commercially-prepared will kit), this is a _____ will and must meet all the requirements for a normal will.

Back 54

A second type of will that is recognized in Alberta (although it is not recognized in many other jurisdictions) is a holograph will. This is a will that is completely in the testator’s own handwriting. If a will is partly handwritten and partly typed (as would happen where the testator is filling in the blanks of a preprinted will in a commercially-prepared will kit), this is a normal will and must meet all the requirements for a normal will.

Front 55

If a will is indeed a holograph will, the WSA provides that in order for the will to be valid, the testator must ______. Unlike a normal will, however, a holograph will does not need to ________.

Back 55

If a will is indeed a holograph will, the WSA provides that in order for the will to be valid, the testator must sign the will. Unlike a normal will, however, a holograph will does not need to be witnessed.

Front 56

Section 6 of the WSA recognizes a third type of will: a will made by a member of the Canadian Forces while on active service or by a mariner/seaman when at sea or in the course of a voyage. For this type of will to be valid, the testator (or another person _________) only needs to _______. This type of will does not need to be _______.

Back 56

Section 6 of the WSA recognizes a third type of will: a will made by a member of the Canadian Forces while on active service or by a mariner/seaman when at sea or in the course of a voyage. For this type of will to be valid, the testator (or another person in the testator’s presence and by his or her direction) only needs to sign the will. This type of will does not need to be witnessed.

Front 57

If the will deals with personal property in Alberta, then in order to be valid it must comply with:

Back 57

 The law governing the place where the will is made; OR

 The law governing the place where the testator was domiciled (had his or her main residence) when he or she made the will; OR

 The law governing the place where the testator was domiciled when he or she died; OR

The law in AB