Wills & estates
Protect your family and your wishes
Thoughtful estate planning under Alberta law — wills, enduring powers of attorney, personal directives, and probate support — so your loved ones are not left guessing.
Overview
Estate planning is one of the most important steps you can take for your family. A properly drafted will, together with an enduring power of attorney and a personal directive, ensures your wishes are documented and the people you trust can act on your behalf if you become unable to do so.
At Bhalla Law Offices in Edmonton, we prepare estate documents in accordance with the Wills and Succession Act, the Powers of Attorney Act, and the Personal Directives Act. We take time to understand your family structure, assets, and goals — whether that means providing for minor children, addressing blended family dynamics, or planning for a family business or rental property.
We also assist executors and beneficiaries with probate applications and estate administration when a loved one has passed. Losing someone is difficult enough without navigating court forms and Land Titles transfers alone. We guide you through the process with clarity and respect.
Who it is for
- Adults who have not yet prepared a will or whose existing will is outdated
- Parents with minor children who need guardianship and trust provisions
- Blended families balancing obligations to a current spouse and children from prior relationships
- Business owners whose estate plan must account for corporate shares and succession
- Individuals appointed as executor or personal representative who need probate guidance
- Seniors and their families planning for incapacity with powers of attorney and personal directives
What we help with
Wills
Drafting and reviewing wills that comply with the Wills and Succession Act, including beneficiary designations, guardian appointments, and specific gifts of property or personal items.
Enduring powers of attorney
Preparing enduring powers of attorney under the Powers of Attorney Act so a trusted person can manage your finances, property, and legal affairs if you lose capacity.
Personal directives
Creating personal directives that appoint an agent to make personal and health-care decisions on your behalf, in line with the Personal Directives Act and your stated values.
Probate and estate administration
Assisting executors with probate applications to the Court of King's Bench of Alberta, gathering assets, paying debts, and distributing the estate to beneficiaries.
Estate plan reviews
Reviewing existing documents after major life events — marriage, divorce, birth of a child, relocation, or significant changes in assets — to ensure your plan still reflects your intentions.
Beneficiary and asset coordination
Aligning your will with RRSP, TFSA, and life insurance beneficiary designations, and addressing Alberta real property held in sole or joint names.
How we work with you
- 01
Initial consultation
We discuss your family, assets, and goals. You receive an overview of the documents recommended for your situation and a clear outline of fees before work begins.
- 02
Information gathering
You complete an estate planning questionnaire listing beneficiaries, guardians, executors, and significant assets including real estate, accounts, and business interests.
- 03
Drafting and review
We prepare your will, enduring power of attorney, and personal directive. You review drafts and we revise until the documents accurately reflect your wishes.
- 04
Execution and storage
We guide you through proper signing and witnessing requirements under Alberta law. We discuss secure storage options and when to provide copies to your executor or agent.
- 05
Ongoing updates
We recommend reviewing your estate plan every three to five years or after major life changes, and we are available to amend or replace documents as needed.
Alberta law considerations
- Wills must meet formal requirements under the Wills and Succession Act, including proper signing and witnessing, to be valid in Alberta.
- Alberta does not charge probate fees based on estate value, but probate applications to the Court of King's Bench still require court filings and may involve legal fees.
- An enduring power of attorney must be enduring — meaning it continues during incapacity — and must comply with the Powers of Attorney Act to be effective.
- Personal directives under the Personal Directives Act are separate from wills and enduring powers of attorney; each document governs different decisions.
- Matrimonial property and family home ownership can affect estate distribution, particularly for married and common-law couples under Alberta family property rules.
- Real property in Alberta is transferred through Alberta Land Titles; estate administration often requires a probate grant before the Land Titles Office will register a transfer to beneficiaries.
Common situations we see
- A young couple with children needs wills appointing guardians and establishing trusts for minor beneficiaries
- A divorced parent wants to update beneficiary designations and ensure child support obligations are addressed in their estate plan
- An aging parent wishes to appoint an adult child as attorney and agent under a personal directive before capacity becomes a concern
- An executor discovers a will among a deceased relative's papers and needs guidance on whether probate is required in Alberta
- A business owner holds shares in an Alberta corporation and needs a will that addresses succession and buy-sell arrangements
- Siblings disagree about interpreting a parent's will and seek independent legal advice on their rights as beneficiaries
Frequently asked questions
If you die intestate — without a valid will — the Wills and Succession Act sets out how your estate is distributed. A court-appointed administrator rather than your chosen executor will handle the estate, and the distribution formula may not match your wishes, particularly for common-law partners or stepchildren. Preparing a will ensures you decide who receives your property and who administers your estate.
Not always. Probate is typically required when the deceased held real property solely in their name, or when financial institutions and the Land Titles Office require a court grant to release assets. Small estates with jointly held property or assets with named beneficiaries may not need probate. We review the assets and advise whether a probate application is necessary.
Homemade wills and will kits are legal in Alberta if they meet formal requirements, but errors in drafting, witnessing, or language frequently lead to disputes or invalidity. Ambiguous clauses can result in costly court applications to interpret the will. Having a lawyer prepare or review your will reduces the risk that your intentions will be misunderstood or challenged.
An executor administers your estate after death — gathering assets, paying debts, and distributing property according to your will. An attorney under an enduring power of attorney manages your financial affairs while you are alive, including during incapacity. The roles are distinct and the same person may or may not be suited to both, depending on their skills and your circumstances.
We recommend reviewing your will, enduring power of attorney, and personal directive every three to five years, and sooner after significant events such as marriage, separation, the birth of a child, acquisition or sale of major assets, or changes in health. Outdated documents can create confusion and unintended outcomes for your family.
Related services
The information on this page is general in nature and is not legal advice. Every matter depends on its facts. Contact Bhalla Law Offices to discuss your situation with a lawyer licensed in Alberta.