If you write your final wishes with a pen and paper, is it considered a valid legal will?
Holographic wills, also known as handwritten wills, are legal in Alberta and most other places in Canada. They’re simple, affordable, and don’t require witnesses.
Before you decide to make a holographic will, it’s important to understand the legal validity and limitations of holographic wills in Alberta.
What is a holographic will?
Under Section 16 of Alberta’s Wills and Succession Act, a holographic will is entirely handwritten and signed by the testator, the person creating the will.
Creating a holographic will is one way to make a will without a lawyer.
What is the difference between a formal will and a holographic will?
In addition to the testator’s own signature, a formal will requires the presence and signatures of two valid witnesses.
A holographic will, doesn’t need witnesses as long as it is written entirely in the testator's handwriting and has their signature at the end.
Since holographic wills don’t have witnesses, they are generally more susceptible to estate litigation and suspicions of being forged.
Learn more about estate litigation and contesting a will →
What are the requirements for a will to be valid in Alberta?
A legal will in Alberta that is not a holographic will must made by someone of a valid age and mental capacity, and be:
- Physically signed in the presence of two witnesses, and
- Both witnesses must sign the will in the presence of the testator
Learn more about how to make a valid will →
Are holographic wills legal in Alberta?
Yes, holographic wills are legally valid in Alberta if they are created and executed properly.
However, since they lack witnesses, holographic wills are more likely to be disputed, especially if there are doubts about the testator’s intent or mental capacity at the time of writing.
So while holographic wills are legal, they may not be the best choice for everyone.
Circumstances where a holographic will is valid
In some situations, a holographic will may be suitable for people with straightforward estates and legal expertise.
- Make sure you’ve covered your entire estate, which can be hard if you have a large or complex estate
- Make sure you don’t contradict yourself in your will. Having legal expertise can help prevent this
If you don’t anticipate disputes over assets or complex instructions for your estate settlement, a holographic will may work for your needs.
But a formal will, like one created with Willful or a lawyer, is often the safer choice for both you and your estate, regardless of estate complexity.
Common reasons holographic wills are challenged
A holographic will can often lead to issues later down the line, such as:
- Unclear intentions: Without the knowledge to create your legal document based on best practices and appropriate language, your written statements may be misinterpreted.
- ❌ Unclear beneficiary designation: “I leave my car to my neighbour Jim”
- 👍 Clear beneficiary designation: “I leave my white 1953 Chevrolet Corvette to Jim Worthington, who currently lives at 123 Imaginary Street, Toronto, Ontario.”
- Inadequate instructions for complex estates: Issues like real estate holdings, investments, and multiple beneficiaries may require specific legal wording.
- Questionable capacity: Without witnesses, it may be difficult to establish that the testator had full mental capacity when making their will, especially if a valid mental assessment was not conducted at that time.
What are the problems with holographic wills?
Complex estates
Creating a holographic will for a large or complex estate can be challenging without legal expertise, especially if you want to specify detailed clauses about how beneficiaries should inherit assets.
Increased risk of disputes
Your loved ones or beneficiaries may contest your will if they believe it does not accurately reflect your wishes or if you were unduly influenced by someone when creating your will.
No legal guidance
Willful wills are created with lawyers in every province in Canada. This means Willful asks you specific questions to make sure your wishes are properly presented based on the requirements of your province.
A holographic will would not have that legal guidance or structure to help you make it.
What happens if a holographic will is invalid?
If your holographic will is deemed invalid in Alberta, your estate could face significant complications.
An invalid will means the deceased is considered to have died intestate (without a will). If your will is invalid, Alberta’s standard inheritance rules will decide how your assets are distributed, which might not match your wishes
Intestate laws mean the government decides who becomes the personal representative to administer your estate, who becomes the guardian of your minor children, and who inherits your assets.
Why making a Willful will is a safer choice
“I've seen firsthand the hesitancy some people have about creating a will online,” says Rogan Porter, Operations Specialist and Certified Estate Planning Expert at Willful. “But with strong endorsements from major banks like Scotiabank and CIBC, direct access to our estate planning experts, and the flexibility to make free updates anytime, it's clear that creating a will online is the future.”
Willful’s platform makes it easy and affordable to create a legal will online. Plus, you can ask questions anytime, get free unlimited updates forever, and even get more estate planning essentials like power of attorney documents, personal directives, and asset lists.
Time to document your final wishes and get peace of mind today.
