How to Keep Your Will Valid: Insights from the Best Wills and Estate Lawyers in Calgary

Wonder if your “Will” still shows what you want today? Life keeps changing. Marriages, new homes, children, or even a change in assets can make an old Will outdated.

However, many people in Calgary write a Will once and then forget about it for years. Over time, this can lead to problems for loved ones – delays, extra costs, or even legal disputes. Laws in Calgary also change, and what was valid years ago may not meet today’s requirements. 

Therefore, taking a little time now to review your Will can save your family from confusion later.

Let’s take a closer look at what best wills and estate lawyers in Calgary recommend when it comes to keeping your Will up to date, valid, and ready for the future.

How Can You Tell if Your Will is Still Valid in Calgary?

Making a Will is one thing; making sure it is still legally valid is another. In fact, many people write their Will once and forget about it for years. But laws change, life changes, and even a small mistake can make a Will weak or completely useless. 

If a Will is not valid, your loved ones may face stress, long court delays, or even lose control over what happens to your estate. Here’s what you need to know to ensure your Will is valid in Calgary:

1. Your Will Must Be Written and Signed Properly

In Calgary, a proper Will needs to be:

• Written on paper (typed or printed is fine).

• Signed by you, the person making the Will.

• Two witnesses who are adults and won’t inherit anything must sign the document for it to be valid.

This is called a formal Will, and it is the most common type used in Calgary. However, if even one of these steps is missed, the Will could be challenged later.

2. You Must Be of Sound Mind When Signing

You need to know what you are doing when you sign your Will to avoid any confusion. You should know:

• What properties and assets do you have?

• Who your family members or beneficiaries are.

• How your decisions will affect them.

If someone can prove you were pressured, confused, or not in the right state of mind when you signed your Will could be questioned in court.

3. Handwritten Wills Are Allowed (But Only in Specific Cases)

Calgary also allows holographic Wills. These are Wills that you write completely by hand and sign yourself. No witnesses are required for this type. But there is a catch – every word must be written by you. It is very important to clearly state that this is your Will. If parts are typed or written by someone else, it may not hold up legally.

Why Should You Care About Will Validity?

You might wonder – what’s the big deal? The truth is, having an invalid Will can sometimes cause more problems than having no Will at all. Here is why:

• It can cause family disputes as well as create tension among loved ones.

• It can make the probate process (court approval) longer and more expensive.

• In some cases, the province may decide how your estate is divided under Alberta’s intestacy laws, which may not match your wishes.

An improperly made Will can be partially or completely thrown out by the court, leaving your plans ignored.

What Should You Do Next if You’re Unsure About Your Will?

So you have a Will, but you are not sure if it is still doing its job. This is more common than you think. Life changes fast – marriages, divorces, moving homes, new children or grandchildren, buying property, or starting a business. A Will that once fit your life perfectly may no longer match your wishes or your family’s needs. The good news? You can take care of it before it gets worse.

Here’s what the best estate lawyers in Calgary recommend:

• Review your Will every 5 years or after life changes like marriage, a move, a career shift, or new assets.

• Think about a codicil for minor updates, such as changing an executor or asset. Be careful. Some issues (like capacity or signing mistakes) can not be fixed this way.

• Get a formal review if you are unsure. Sometimes drafting a fresh Will is simpler as well as safer than trying to patch up problems.

• If there is a risk of a challenge, say, capacity concerns or technical errors, acting early is the main thing. 

Note: In Alberta, you have six months to challenge a Will after probate.

Some Frequently Asked Questions

1. How often should I review my Will?

Check it every five years or after big life or property changes occur.

2. What if I made a mistake when signing?

Some formalities matter deeply, ask a lawyer. In some cases, drafting a new Will is safer than fixing errors.

Ready to Protect Your Family’s Future?

Making sure your Will is valid and up to date does not have to be stressful. With the right help, you can create clear instructions that protect your family, your home, and everything you have worked for. Peter B Mason Real Estate Lawyers makes buying or selling property easy, friendly, and specific to your needs.

If you need a quick check, a small change, or a brand new Will, we are here to help you every step of the way.

Get in touch with us now to start feeling more at ease for yourself and your family.